No. 20-5397

Wilbert Romon Banks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-08-18
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining racial-bias racial-discrimination trevino-v-thaler trial-counsel venue-change
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Was Banks' claim of ineffective assistance of counsel a substantial claim under Trevino v. Thaler and Martinez v. Ryan?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED GROUND ONE WAS BANKS CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL, RAISED FOR THE FIRST TIME DURING HIS FEDERAL HABEAS CORPUS PETITION, A SUBSTANTIAL CLAIM WITHIN THE MEANING OF THE SUPREME COURT'S DECISIONS IN TREVINO V. THALER,569 US. 413 (2013) AND MARTINEZ V. RYAN,566 _U.S. 1 (2012)? GROUND TWO WAS BANKS DENIED EFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS TRIAL COUNSEL, WITHOUT FIRST SEEKING A CHANGE OF VENUE, ADVISED BANKS THAT HE SHOULD PLEAD GUILTY TO CAPITAL MURDER BECAUSE A TYPICAL. RANDALL COUNTY, TEXAS JURY WOULD CONSIST OF ALL WHITE CITIZENS WHO WOULD CONVICT HIM AND SENTENCE BANKS TO DEATH BECAUSE BANKS IS AFRICAN AMERICAN AND THE COMPLAINANTS WERE BOTH WHITE? ii

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2020)

Attorneys

Wilbert R. Banks
Wilbert R. Banks — Petitioner
Wilbert R. Banks — Petitioner