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Sparks v. Davis

Petition for certiorari denied on September 25, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-9227 5th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether a cross-examination of a prosecution’s expert cures all harm from that expert’s repeated false testimony during a capital punishment proceeding, and is the petitioner or prosecution at fault for failing to correct the expert’s false testimony; and (2) whether the U.S. Court for the 5th Circuit erred by failing to consider whether the bailiff’s actions created an unacceptable risk of impermissible factors coming into play at the petitioner’s trial, and whether Brecht v. Abrahamson’s “substantial and injurious effect or influence” standard of harm applies to impartial jury claims.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 28 2019Application (18A897) to extend the time to file a petition for a writ of certiorari from April 7, 2019 to May 7, 2019, submitted to Justice Alito.
Mar 04 2019Application (18A897) granted by Justice Alito extending the time to file until May 7, 2019.
May 06 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)
Jun 03 2019Motion to extend the time to file a response from June 10, 2019 to July 10, 2019, submitted to The Clerk.
Jun 05 2019Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2019.
Jul 10 2019Brief of respondent Lorie Davis in opposition filed.
Jul 17 2019Application (19A109) for a stay of execution of sentence of death, submitted to Justice Alito.
Sep 18 2019Response to application from respondent Lorie Davis filed.
Sep 25 2019Application (19A109) referred to the Court.
Sep 25 2019Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
Sep 25 2019Application (19A109) denied by the Court.