No. 20-6644

David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-12-16
Status: Denied
Type: IFP
IFP
Tags: capital-sentencing certificate-of-appealability due-process eighth-amendment fourteenth-amendment habeas-corpus investigative-funds sentencing
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Punishment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Did the Court of Appeals deny petitioner a full appeal of the district court's denial of funding under 18 U.S.C. § 3599(f), and this Court's decision in Ayestas v. Davis, 138 S. Ct. 1080 (2018)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Court of Appeals for the Fifth Circuit deny petitioner a full appeal of the district court’s denial of funding under 18 U.S.C. § 3599(f), and this Court’s decision in Ayestas v. Davis, 138 S. Ct. 1080 (2018), when it held that petitioner was not required to obtain a certificate of appealability (“COA”) to appeal the district court’s ruling, see 28 U.S.C. § 2253(c), but also denied petitioner’s motion for leave to brief the issue? 2. Where a capital habeas petitioner seeks funds to investigate evidence disclosed to him in the midst of his habeas corpus proceedings that would have supported an affirmative defense, and a basis for a life sentence, and the lower court assumes the claims related to the defense would be meritorious if substantiated, does the lower court misapply this Court’s decision in Ayestas when it fails to mention the standard adopted in Ayestas, and requires that petitioner prove the results of the investigation would be favorable? 3. Did the Court of Appeals misapply this Court’s Eighth Amendment and COA cases when it held that state court does not violate petitioner’s rights under the Eighth and Fourteenth amendments when it instructs a capital sentencing jury that the defendant would not be parole eligible for forty years, after refusing to permit the defendant to present truthful testimony showing that he would not be parole eligible for forty-sevenand one-half years?

Docket Entries

2021-02-22
Petition DENIED.
2021-02-17
Reply of petitioner David Renteria filed.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-14
Brief of respondent David Lumpkin in opposition filed.
2020-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2021)

Attorneys

David Lumpkin
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
David Renteria
Michael WisemanWiseman & Schwartz, LLP, Petitioner
Michael WisemanWiseman & Schwartz, LLP, Petitioner