Wilbert Romon Banks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
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 U.S. 413 (2013) AND MARTINEZ V. RYAN, 566 U.S. 1 (2012)?
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?
Was Banks' claim of ineffective assistance of counsel a substantial claim under Trevino v. Thaler and Martinez v. Ryan?