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Justin Panus v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50588 · judgment February 14, 2025
Questions presented
1- Whether Petitioner was entitled to a Certificate of Appealability on the grounds that the lower court failed to conduct an "Unreasonable Determination" analysis on Petitioner's claims.
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Whether a petitioner must "reprise" in his CO A pleadings the substantive claims that he raised in his 2254 application at risk that those claims be abandoned; and if so, did Petitioner satisfy this requirement.
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Whether Petitioner was entitled to a Certificate of Appealability on the question of whether the State 's findings were entitled to deference or a presumption of correctness when there is no state level mechanism that provides a meaningful opportunity to respond to counsel's affidavit. 4 . Whether Petitioner was entitled to a certificate of Appealability on the question of whether the AEDPA entitled the State Court 's findings to double deference when the State Court fails to engage with critical evidence in rendering its factual findings. — I a.
Counsel of record
For petitioner
Justin Panus
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 10 2025DISTRIBUTED for Conference of 9/29/2025.
- May 30 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 30, 2025)