Supreme Court Report

Supreme Court of the United States · Official docket →

Merril Leroy Jessop v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-94,347-01 · judgment March 8, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a dissent in the court below, and counsel who has filed here before, and down for a state or local-government respondent.

Question presented

I. Whether the Texas courts’ refusal to conduct an evidentiary hearing on petitioner’s substantial constitutional claim of ineffective assistance of counsel contravened this Court’s longstanding requirement that state courts on post-conviction habeas corpus review may not deny federal constitutional claims without conducting an evidentiary hearing when genuine disputes about material facts exist (see, e.g., Commonwealth of Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116 (1956)). II. W hether a State must afford a defendant convicted of a felony offense and imprisoned by a state court an adequate corrective process concerning a substantial claim of ineffective assistance of counsel. This Court granted certiorari to address a similar question in Case v. Nebraska, 381 U.S. 336 (1965) (per curiam), but ultimately did not address the issue.

Counsel of record

For petitioner
Brent Evan Newton
Brent E. Newton

For respondent
—

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, October 2, 2023 · Certiorari denied

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jun 28 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. May 11 2023
    Petition for a writ of certiorari filed. (Response due June 14, 2023)