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Swearingen v. Texas

Petition for certiorari denied on August 21, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
19-5640 5th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether, under 28 U.S.C Section 244(b)(2)(B)(ii), a court of appeals' consideration of exculpatory evidence is limited to the specific newly discovered evidence supporting the new constitutional claim or extends to a more holistic evaluation of the evidence as required under Schlup v. Delo; and (2) whether, when an applicant has discovered that state-sponsored testimony at trial was scientifically invalid, such testimony should be considered "false and misleading testimony" such that the applicant has been denied due process in violation of the United States Constitution.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 20 2019Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Aug 20 2019Application (19A200) for a stay of execution of sentence of death, submitted to Justice Alito.
Aug 21 2019Brief of respondent Lorie Davis in opposition filed.
Aug 21 2019Application (19A200) referred to the Court.
Aug 21 2019Reply of petitioner Larry Swearingen filed.
Aug 21 2019Application (19A200) denied by the Court.
Aug 21 2019Petition DENIED.