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Elijah Dwayne Joubert v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-70007 · judgment September 15, 2025
Question presented
Whether, under 28 U.S.C. § 2254(d)(1), a standard that places the burden on the petitioner to prove materiality from the State’s knowing elicitation and failure to correct false testimony is “contrary to” clearly established federal law established by Napue v. Illinois, 360 U.S. 264 (1959) and its progeny, because it does not require the State to prove there was no reasonable probability the error affected the outcome of a petitioner’s capital trial and sentencing.
Counsel of record
For petitioner
Donna F. Coltharp
Fed. Pub. Def. for Western District of Texas
For respondent
Craig William Cosper
Texas Attorney General's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- May 18 2026Petition DENIED.
- Apr 23 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 15 2026Reply of petitioner Elijah Dwayne Joubert filed.
- Apr 06 2026Brief of Eric Guerrero in opposition not accepted for filing. (To be resubmitted April 09, 2026)
- Apr 06 2026Brief of respondent Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed. (Resubmitted)
- Mar 02 2026Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2026.
- Feb 27 2026Motion to extend the time to file a response from March 5, 2026 to April 6, 2026, submitted to The Clerk.
- Jan 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)