No. 23-7379

Michael Hebert v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2024-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment
Latest Conference: 2024-06-13
Question Presented (from Petition)

QUESTION 1(A): Whether The Lower Court Erred Denying CO A On The Claim Of
Prosecutorial Misconduct Where The State Pvefused To Reveal Evidence And Facts In Their
Possession Which Are Material And Favorable To The Defense, In Violation Of The Fifth,
Sixth And Fourteenth Amendment To The Constitution.

QUESTION 1(B). Whether The Lower Court Erred Denying COA On The Claim Of
Prosecutorial Misconduct In Contaminating Evidence, In Violation Of The Fifth, Sixth And
Fourteenth Amendment Lb Hie Constitution.

QUESTION 1(C). Whether The Lower Court Erred Denying COA On The Claim Of
Contamination uf Evidence, In Violation Of The Fifth, Sixth .And Fourteenth Amendment To
The Constitution.

QUESTION 2: Whether The Lower Court Erred Denying COA On The Claim Of Ineffective
Assistance Of Counsel At Trial As Guaranteed By The Sixth And Fourteenth Amendments Of
Hie U.S. Constitution, In Violation Of The Fifth, Sixth And Fourteenth Amendment To Hie
Constitution.

QUESTION 2(A): Whether The Lower Court Erred Denying COA On The Claim Of
Ineffective Counsel For Failing To Motion The Court To Order Further DNA Analysis, Iri
Violation Of Hie Fifth, Sixth /And Fourteenth /Amendment To Hie Constitution.

QUESTION 2(B): Whether The Lower Court Erred Denying COA On The Claim Of
Ineffective Counsel For Failure To Investigate, In Violation Of The Fifth, Sixth And Fourteenth
Amendment To The Constitution.

QUESTION 2(C): Whether Hie Lower Court Erred Denying COA On Hie Claim Of
Ineffective Counsel For Failing To present a "stand Your Ground Defense, " In Violation Of The
Fifth, Sixth And Fourteenth Amendment To The Constitution.

Question Presented (AI Summary)

Whether the lower court erred in denying COA on the claim of prosecutorial misconduct

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-23
Waiver of right of respondent Tim Hooper to respond filed.
2024-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2024)

Attorneys

Michael Hebert
Michael Hebert — Petitioner
Tim Hooper
Allison Miller RutzenOffice of the District Attorney, Respondent