Swearingen v. Texas
Petition for certiorari denied on August 21, 2019
Issue: (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
- Court declines to block Texas' execution of Larry Swearingen (Katie Bart, August 21, 2019)
Date | Proceedings and Orders |
---|---|
08/20/2019 | Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed. |
08/20/2019 | Application (19A200) for a stay of execution of sentence of death, submitted to Justice Alito. |
08/21/2019 | Brief of respondent Lorie Davis in opposition filed. |
08/21/2019 | Application (19A200) referred to the Court. |
08/21/2019 | Reply of petitioner Larry Swearingen filed. |
08/21/2019 | Application (19A200) denied by the Court. |
08/21/2019 | Petition DENIED. |