Court Error – Improper Legal Standard

By: Derek Hawkins//April 5, 2018//

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United States Supreme Court

Case Name: Ayestas aka Zelaya Corea v. Davis, Director, Texas Department of Justice

Case No.: 16-6795

Focus: Court Error – Improper Legal Standard

Petitioner Carlos Ayestas, who was convicted of murder and sentenced to death in a Texas court, argues that he was wrongfully denied funding for investigative services needed to prove his entitlement to federal habeas relief. Petitioner moved for funding under 18 U. S. C. §3599(f), which makes funds available if they are “reasonably necessary,” but petitioner’s motion was denied. We hold that the lower courts applied the wrong legal standard, and we therefore vacate the judgment below and remand for further proceedings.

Vacated and Remanded

Dissenting:

Concurring: SOTOMAYOR, J., filed a concurring opinion, in which GINSBURG, J., joined.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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