No. 19-8251

Kevin Duane Talkington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-04-13
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-instructions jury-selection
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (AI Summary)

Counsel's failure to strike biased juror,counsel's failure to investigate and present exculpatory evidence,court's failure to provide oral verbatim jury instructions,court's omission of statutory definitions in written instructions

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . Counsel failed to:sinike a juror who said he couldnd be Lain + investgecte and present exculpatory evidence. The. court tailed to give an ore)” verbatim reading af its charge. and omitted from i#'s written lastruchions the. statutory definitions of the. charged offense . he Lan cosinsel waive: Retisones constidtiona/ right +0 eaten? ancl . im partial Jury Pp i a. rs + efbective assistance. not to stvrke. a Juror who states : 2 . cant shirt bira on a level playing Freld because my w7te. and prety much my entire family ... has experiance with sexual cbuse + Iwas sexually chused at I. So i+ would be bard to give him a far trial"? 3. For allegations of juror bias. 1S the. proper rer aay a hearing a which the defendant has the opportunity #0 prove achal bras? " Y. When the. record is ambiguous, aod te parres disagree on the. identity of a yuror who said he hod been Sexually abused, $0 i woukl be hard 40 give a fair trial, should the accused yuror be queshoned about this statement ¥ it , Oe 5, 2s due Process dented when the. court tails io give an oral verbatim reading of its chatge. to the jury andl omitts the statutory definitions of lau tor the charge offense. from the writen mnstractions P . | 6. Was PetitHoner prejudiced when counsel fa'led yovinvestigate. and present exculpatory ewdence from eyes INeSS 3 recantation eutdence sand medical experts 10 challenge the. lack of physical evidence '? 7. When counsel fils to satervieu and present Pev'Honers alvby ——— wf4ness , does this prejudice the defense. anl deprive. him of effective assistance P jie

Docket Entries

2020-10-05
Rehearing DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-06-26
Petition for Rehearing filed.
2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2020)
2020-01-24
Application (19A832) granted by Justice Alito extending the time to file until April 12, 2020.
2020-01-09
Application (19A832) to extend the time to file a petition for a writ of certiorari from February 12, 2020 to April 12, 2020, submitted to Justice Alito.

Attorneys

Kevin Duane Talkington
Kevin Duane Talkington — Petitioner
Kevin Duane Talkington — Petitioner