No. 20-6786

Erica Yvonne Sheppard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-01-05
Status: Denied
Type: IFP
Amici (2)Relisted (2)IFP
Tags: 28-usc-2254 batson-challenge batson-v-kentucky fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-selection mitigation-evidence section-2254 wilson-v-sellers
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2021-05-20 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fifth Circuit's application of 28 U.S.C. § 2254(d) survives Wilson v. Sellers and whether the court must consider the impact of all mitigating evidence when assessing prejudice

Question Presented (OCR Extract)

question presented with respect to Ms. Sheppard’s Batson claim is: 3. Whether a Batson v. Kentucky claim fails solely because the prosecutor has proffered at least one reason that is uncontradicted by the record, or whether reviewing courts must consider all of the evidence of racial motivation, including other proffered and indisputably disingenuous reasons. ii STATEMENT OF

Docket Entries

2021-05-24
Petition DENIED.
2021-05-17
DISTRIBUTED for Conference of 5/20/2021.
2021-05-10
Rescheduled.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-22
Reply of petitioner Erica Yvonne Sheppard filed.
2021-04-05
Brief of respondent Bobby Lumpkin in opposition filed.
2021-02-26
Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2021.
2021-02-25
Motion to extend the time to file a response from March 5, 2021 to April 5, 2021, submitted to The Clerk.
2021-02-04
Brief amici curiae of Domestic Violence Advocates filed.
2021-02-04
Brief amicus curiae of Capital Punishment Center at The University of Texas School of Law filed.
2021-02-02
Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2021.
2021-02-01
Motion to extend the time to file a response from February 4, 2021 to March 5, 2021, submitted to The Clerk.
2020-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2021)

Attorneys

Bobby Lumpkin
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
Capital Punishment Center at The University of Texas School of Law
James William MarcusCapital Punishment Center, University of Texas Law, Amicus
James William MarcusCapital Punishment Center, University of Texas Law, Amicus
Domestic Violence Advocates
Kathryn Marshall AliHogan Lovells US LLP, Amicus
Kathryn Marshall AliHogan Lovells US LLP, Amicus
Erica Yvonne Sheppard
William Alan WrightKilpatrick Townsend & Stockton LLP, Petitioner
William Alan WrightKilpatrick Townsend & Stockton LLP, Petitioner