Brief filed: 08/04/2016
Buck v. Davis
United States Supreme Court; Case No. 15-8049
Decision below Buck v. Stephens, 623 Fed.Appx. 668 (5th Cir. Aug. 20, 2015).
The Fifth Circuit has repeatedly failed to follow this Court's precedent concerning issuance of COA. This Court has clearly articulated the standards for granting a COA. This Court was required to reiterate the standards for issuance of a COA in Miller-El v. Cockrell, 537 U.S. 322 (2003). The errors identified in Miller-El continue to influence Buck's case. The Fifth Circuit's self-created rules tend to impermissibly disfavor the grant of habeas corpus relief. The Fifth Circuit's consideration of COA again required this Court's intervention: In Tennard, 542 U.S. 274, 283 (2004). Despite this Court's stated principles for issuance of a COA, the Fifth Circuit proceeded along "a distinctly different track." Even after Tennard, the Fifth Circuit continued to adhere to its own jurisprudence rather than this Court's precedents. Mr. Buck's case is an appropriate one for this Court to reinforce the correct application of its COA standards in the Fifth Circuit.
Pattern Cross-Examination of Expert Witnesses: A Trial Strategy & Resource Guide
In a criminal trial, cross-examination of the prosecution’s forensic expert may make the difference between victory or defeat.
2020 Sample Motions Collection Update
NACDL’s 2020 Sample Motions Collection is the follow-up to our wildly popular 2019 Sample Motions Collection and contains the newest and most recent additions to our ever-expanding Sample Motions library.
State v. Stone - A Case Study on Child Sexual Molestation & Sexual Battery
The criminal defense attorney tasked with defending such a case has to be prepared to not only show reasonable doubt, but to answer this question: If it did not happen, how is it that the child believes it did happen?
POZNER ON CROSS: Advanced Cross of Experts & Officers in DUI Cases
It’s not your strong opening argument. It’s not how many of your impassioned objections the judge sustains. It’s not even how you tie your theory of the case together with a dazzling closing statement bow. What wins your trial is your cross.
This is a sponsored ad
Manage Your Law Firm All in One Place
Barbara Bergman, NACDL, Tuscon, AZ; Hilary Sheard, TCDLA, Austin, TX.