Supreme Court of the United States · Official docket →
Roderick Napoleon Harris v. Texas
IFP petition · Court of Criminal Appeals of Texas, No. WR-80,923-01 · judgment December 16, 2020
Questions presented
In Strickland v. Washington, this Court established its two-part test to determine whether representation is ineffective in violation of the Sixth Amendment: 1) whether the representation “fell below an objective standard of reasonableness”; and 2) whether the “deficient performance prejudiced the defense.” 466 U.S. 668, 687-88 (1984). Strickland directed the courts to identify objective standards of care for counsel defending an accused individual. In a capital case, prejudice exists where there is a “reasonable probability” that the defendant would not have received a death sentence had counsel effectively presented available mitigation evidence. Id. at 695. The questions presented are:
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Whether a habeas court must articulate and apply prevailing professional norms in order to determine whether trial counsel’s representation was ineffective in violation of the Sixth Amendment?
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When trial counsel failed to investigate mitigating evidence, whether a habeas court can adequately assess the lawyers’ performance and determine the existence of prejudice from a deficient performance by relying only on counsel’s post hoc representations that they exercised their professional judgment or that further investigation would not have changed the outcome of the trial?
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Whether the standard for identifying prejudice under Strickland is a “preponderance of the evidence,” as held in this case, or is “reasonable probability” as articulated by this Court in Strickland?
Counsel of record
For petitioner
Gwendolyn C. Payton
Kilpatrick Townsend & Stockton LLP
For respondent
Michele O'Brien Yeatts
Dallas County District Attorney
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, November 1, 2021 · Certiorari denied
Proceedings
- Nov 01 2021Petition DENIED.
- Oct 14 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021Reply of petitioner Roderick Napoleon Harris filed. (Distributed)
- Sep 29 2021Brief of respondent The State of Texas in opposition filed.
- Aug 25 2021Motion to extend the time to file a response is granted and the time is further extended to and including September 29, 2021.
- Aug 24 2021Motion to extend the time to file a response from August 30, 2021 to September 29, 2021, submitted to The Clerk.
- Jul 20 2021Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2021.
- Jul 19 2021Motion to extend the time to file a response from July 30, 2021 to August 30, 2021, submitted to The Clerk.
- Jun 28 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2021)