Supreme Court of the United States · Official docket →
Linda Carty v. Texas
Paid petition · Court of Criminal Appeals of Texas, No. WR-61,055-02 · judgment February 7, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioner was convicted of capital murder and sentenced to death in a trial that suffered from multiple constitutional errors. Nearly a decade ago, the Fifth Circuit held on petitioner’s federal habeas petition that her trial counsel performed “objectively unreasonably” and denied relief only after deeming it a “close case” whether counsel’s error altered the verdict. In the decisions below, Texas state courts authorized petitioner to file a successive writ and found that the State intentionally suppressed numerous items of Brady evidence, including evidence that a key witness had struck a “deal” with the prosecution in exchange for inculpatory testimony. The Court of Criminal Appeals nonetheless denied relief after finding that the withheld evidence would not have altered the verdict, in part because an effective counsel could have mitigated the Brady harm through crossexamination. The court refused to consider the cumulative prejudice caused by the Brady violations when combined with the already “close case” on prejudice presented by the ineffective-assistance claim. Federal appellate courts and state high courts are divided over whether the Constitution requires courts on collateral review to assess cumulatively the prejudicial effect of non-defaulted constitutional errors.
Counsel of record
For petitioner
Aaron Michael Streett
Baker Botts, L.L.P.
For respondent
Kyle Douglas Hawkins
Lehotsky Keller Cohn LLP
Proceedings
- Nov 13 2018Petition DENIED.
- Oct 24 2018DISTRIBUTED for Conference of 11/9/2018.
- Oct 23 2018Reply of petitioner Linda Carty filed.
- Oct 09 2018Brief of respondent The State of Texas in opposition filed.
- Aug 29 2018Motion to extend the time to file a response is granted and the time is further extended to and including October 9, 2018.
- Aug 27 2018Motion to extend the time to file a response from September 7, 2018 to October 8, 2018, submitted to The Clerk.
- Aug 08 2018Brief amici curiae of Texas Criminal Justice Experts filed.
- Aug 08 2018Brief amicus curiae of The United Kingdom of Great Britain and Northern Ireland as Amicus Curiae in Support of Petitioner Petitioner Linda Anita Carty filed.
- Aug 02 2018Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jul 31 2018Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
- Jul 30 2018Motion of State of Texas for an extension of time not accepted for filing. (July 30, 2018 - to be resubmitted)
- Jul 30 2018Motion to extend the time to file a response from August 8, 2018 to September 7, 2018, submitted to The Clerk.
- Jul 20 2018Blanket Consent received from counsel of record for Petitioner, Linda Carty filed.
- Jul 19 2018Blanket Consent filed by Respondent, State of Texas
- Jul 09 2018Petition for a writ of certiorari filed. (Response due August 8, 2018)
- May 24 2018Application (17A1193) granted by Justice Alito extending the time to file until July 9, 2018.
- May 21 2018Application (17A1193) to extend further the time from June 7, 2018 to July 7, 2018, submitted to Justice Alito.
- Apr 30 2018Application (17A1193) granted by Justice Alito extending the time to file until June 7, 2018.
- Apr 27 2018Application (17A1193) to extend the time to file a petition for a writ of certiorari from May 8, 2018 to June 7, 2018, submitted to Justice Alito.