No. 20-5963

Daniel Edward Murray v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-10-08
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-time-calculation hipaa hipaa-restrictions ineffective-assistance ineffective-counsel medical-records medical-records-disclosure plea-agreement plea-agreements pro-se pro-se-litigation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-12-11
Question Presented (AI Summary)

If there is a set of plea agreements taken at the same time and the court of appeals reverses a part of the appealed agreement, does this start the AEDPA time for the entire agreement over, start the AEDPA time at the end of the appealed portion, or allow the indigent, pro se litigant to appeal under AEDPA only the portion that was reversed?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) If there is a set of plea agreements taken at the same time and the court of appeals reverses a part of the appealed agreeemnt does this, A) Start the AEDPA time for the entire agreement over or B) Start the AEDPA time at the time at the end of the appealed portion or C) Allow the indigent, pro se lititgant to appeal under AEDPA the only the portion that was reversed? 2) When should the pro se, litigant calculate the time as beginning? 3) Does the HIPAA law prevent court appointed attorneys from handing over ; defendant medical records to the prosecution without their permission? 4) Was trial counsel ineffective for recommending a "rehabilitation" facility for a psychological opinion without doing an investigation of the facility? : 5) Trial counsel admitted that he had four years to prepare for trial, but was he ineffective for failing to attempt to exclude the report made by the : psychological facility?

Docket Entries

2020-12-14
Petition DENIED.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

Daniel Edward Murray
Dan Murray — Petitioner
Dan Murray — Petitioner