Davila v. Davis

Decision Date13 January 2017
Docket NumberNo. 16–6219.,16–6219.
Citation137 S.Ct. 810 (Mem),196 L.Ed.2d 597
Parties Erick Daniel DAVILA, petitioner, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
CourtU.S. Supreme Court

Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to Question 1 presented by the petition.

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7 cases
  • Hugueley v. Westbrooks
    • United States
    • U.S. District Court — Western District of Tennessee
    • 3 Agosto 2017
    ...of appellate counsel claims (Claim L). Reasonable jurists could disagree about the resolution of Claim L. See Davila v. Davis, 137 S. Ct. 810 (U.S. Jan. 13, 2017) (cert. granted). Because reasonable jurists could not disagree about the remaining claims, the Court DENIES a COA on Claims A th......
  • Davila v. Davis
    • United States
    • U.S. Supreme Court
    • 26 Junio 2017
    ...and Trevino should be extended to claims of ineffective assistance of appellate counsel. We granted certiorari, 580 U.S. ––––, 137 S.Ct. 810, 196 L.Ed.2d 597 (2017), and now affirm.II Our decision in this case is guided by two fundamental tenets of federal review of state convictions. First......
  • Prystash v. Davis
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 26 Abril 2017
    ...of counsel on direct appeal (as opposed to the trial-based claim at issue in Martinez and Trevino ). See Davila v. Davis, –––U.S. ––––, 137 S.Ct. 810, 196 L.Ed.2d 597 (2017). But even if the Supreme Court reverses our ruling in Davila, that would not help Prystash with his COA application. ......
  • Manns v. Beckstrom
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 9 Junio 2017
    ...a similar flaw. Even if we assume for the sake of argument that Martinez and Trevino extend to appellate counsel claims, see Davila v. Davis, 137 S. Ct. 810 (2017) (mem.) (granting cert), and even if we assume that his procedural default could be excused under that standard, Manns cannot es......
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