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Feanyichi Ezekwesi Uvukansi v. Texas
Paid petition · Court of Criminal Appeals of Texas, No. WR-88,493-02 · judgment April 14, 2021
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 life without parole based on the identification testimony of a single eyewitness who was to be sentenced in federal court for possession with intent to distribute ten kilograms of cocaine. The state prosecutor, who had agreed to write a letter to the federal judge on the witness’s behalf, elicited his false testimony that no one had promised him anything or told him that his punishment range would be reduced or that he would receive a lower sentence. After petitioner was convicted, the prosecutor wrote a letter to the federal judge that the witness’s testimony “alone convinced the jury of the [petitioner’s] guilt,” and the witness received probation. The state habeas trial court found that the prosecutor had knowingly elicited and failed to correct the witness’s false testimony, but that petitioner failed to prove by a preponderance of the evidence that the false testimony affected the verdict, as it did not impeach the witness’s identification. The Texas Court of Criminal Appeals (TCCA) denied relief without written order, which requires this Court to “look through” that denial to the trial court’s findings of fact and conclusions of law as the basis for the denial. The questions presented are: I. Did the state courts—by requiring petitioner to prove by a preponderance of the evidence that the prosecution’s knowing use of and failure to correct false testimony affected the verdict—disregard this
Counsel of record
For petitioner
Randolph L. Schaffer Jr.
Randy Schaffer P.C.
For respondent
Joseph Peter Corcoran
Office of the Attorney General of Texas
Case
Conference history
Distributed for 16 conferences
Proceedings
- Jun 13 2022Petition DENIED.
- Jun 06 2022DISTRIBUTED for Conference of 6/9/2022.
- May 31 2022DISTRIBUTED for Conference of 6/2/2022.
- May 31 2022Rescheduled.
- May 23 2022DISTRIBUTED for Conference of 5/26/2022.
- May 23 2022Rescheduled.
- May 16 2022DISTRIBUTED for Conference of 5/19/2022.
- May 16 2022Rescheduled.
- May 10 2022Rescheduled.
- May 09 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 25 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 25 2022Rescheduled.
- Apr 19 2022Rescheduled.
- Apr 18 2022DISTRIBUTED for Conference of 4/22/2022.
- Apr 12 2022Rescheduled.
- Apr 11 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 28 2022DISTRIBUTED for Conference of 4/1/2022.
- Mar 28 2022Rescheduled.
- Mar 22 2022Rescheduled.
- Mar 21 2022DISTRIBUTED for Conference of 3/25/2022.
- Mar 15 2022Rescheduled.
- Mar 14 2022DISTRIBUTED for Conference of 3/18/2022.
- Mar 01 2022Rescheduled.
- Feb 28 2022DISTRIBUTED for Conference of 3/4/2022.
- Feb 22 2022DISTRIBUTED for Conference of 2/25/2022.
- Feb 22 2022Rescheduled.
- Feb 15 2022Rescheduled.
- Jan 19 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 12 2022Record received from the Court of Criminal Appeals of Texas. The record is electronic.
- Dec 29 2021Record Requested.
- Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 03 2021Reply of petitioner Feanyichi Uvukansi filed. (Distributed)
- Nov 22 2021Brief of respondent Texas in opposition filed.
- Oct 14 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
- Oct 13 2021Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
- Sep 21 2021Response Requested. (Due October 21, 2021)
- Sep 15 2021DISTRIBUTED for Conference of 10/8/2021.
- Jul 30 2021Petition for a writ of certiorari filed. (Response due September 2, 2021)