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Wessinger v. Vannoy

Petition for certiorari denied on March 5, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-6844 5th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether, when a state post-conviction court refuses a request for funds to conduct a mitigation investigation in a death penalty case, counsel nevertheless has a duty to investigate mitigation evidence; (2) whether a state court’s denial of capital post-conviction counsel’s request for funds to conduct a mitigation investigation constitutes “cause” to overcome procedural default when the denial operated as an objective factor external to the defense, and impeded the development and presentation of an ineffective-assistance-of-trial counsel claim during the state-court proceedings; and (3) whether a state court’s denial of capital post-conviction counsel’s request for funds to conduct a mitigation investigation renders the available state corrective process ineffective to protect the rights of the applicant under 28 U.S.C. § 2254(b)(1)(B)(ii), such that state-court exhaustion of a claim of ineffective assistance of trial counsel based on the results of such an investigation is not required.

DateProceedings and Orders
Nov 17 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2017)
Dec 21 2017Brief of respondent Darrel Vannoy, Warden in opposition filed.
Jan 04 2018DISTRIBUTED for Conference of 1/19/2018.
Jan 05 2018Reply of petitioner Todd Wessinger filed. (Distributed)
Jan 16 2018Rescheduled.
Feb 05 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 13 2018Rescheduled.
Feb 20 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 05 2018Petition DENIED Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion)
Mar 30 2018Petition for Rehearing filed.
Apr 04 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018Rehearing DENIED.
 
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