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Jamal Martinez Hancock v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-20662 · judgment October 23, 2018

Certiorari denied · June 17, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Under the Antiterrorism and Effective Death Penalty Act of 1996, a state prisoner must file his or her federal habeas petition within one year of one of four triggering events. 28 U.S.C. § 2244(d)(1). However, to prevent a “fundamental miscarriage of justice,” an untimely petition alleging constitutional error is not barred when the petitioner presents “new reliable evidence” of actual innocence. Schlup v. Delo, 513 U.S. 298, 324, 327 (1995); McQuiggin v. Perkins, 569 U.S. 383, 386 (2013). The question presented is: Whether evidence that was available but not presented at trial constitutes “new” evidence for purposes of the “actual-innocence” gateway that permits review of an untimely petition for habeas corpus.

Counsel of record

For petitioner
Elaine Janet Goldenberg
Munger, Tolles & Olson LLP

For respondent
Kyle Douglas Hawkins
Lehotsky Keller Cohn LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 17 2019
    Petition DENIED.
  2. May 28 2019
    DISTRIBUTED for Conference of 6/13/2019.
  3. May 28 2019
    Reply of petitioner Jamal Martinez Hancock filed. (Distributed)
  4. May 24 2019
    Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
  5. May 15 2019
    Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
  6. Apr 12 2019
    Motion to extend the time to file a response from April 24, 2019 to May 15, 2019, submitted to The Clerk.
  7. Apr 12 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
  8. Feb 28 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2019.
  9. Feb 26 2019
    Motion to extend the time to file a response from March 25, 2019 to April 24, 2019, submitted to The Clerk.
  10. Feb 21 2019
    Response Requested. (Due March 25, 2019)
  11. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  12. Feb 05 2019
    Waiver of right of respondent Davis, Dir., TX DCJ to respond filed.
  13. Jan 18 2019
    Petition for a writ of certiorari filed. (Response due February 19, 2019)