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Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-10133 · judgment September 20, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
A prosecutor had Petitioner’s jail telephone calls recorded, listened to them, made notes from them and had at least one witness listen to them. This blatant violation of Petitioner’s Sixth Amendment rights should have resulted in dismissal of the charge under United States v. Morrison, 449 U.S. 361, 365-366 (1981). The district court held otherwise and the Fifth Circuit denied a certificate of appealability. Did this denial constitute reversible error?
Counsel of record
For petitioner
John Davidson Nation
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2019Petition DENIED.
- Jun 26 2019DISTRIBUTED for Conference of 10/1/2019.
- Dec 19 2018Petition for a writ of certiorari filed. (Response due June 10, 2019)