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Douglas Lynn Kirk v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-89,870-01 · judgment January 8, 2020

Certiorari denied · October 5, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Rompilla v. Beard, 545 U.S. 374 (2005), this Court held that a criminal-defense attorney who investigated mitigating evidence but failed to find valuable public records provided ineffective assistance. If a criminal-defense attorney requests critical defensive evidence from a government agency but then fails to subpoena the evidence after the request is denied or ignored, has counsel provided effective assistance?

Counsel of record

For petitioner
Gary Alan Udashen
Udashen Anton

For respondent
Andrea Jacobs
Tarrant County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jun 17 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jun 12 2020
    Waiver of right of respondent Texas to respond filed.
  4. May 19 2020
    Petition for a writ of certiorari filed. (Response due June 22, 2020)