Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
SocialSecurity Immigration
Effective-Assistance-of-Counsel
QUESTIONS PRESENTED FOR REVIEW 1: Whether the Petitioner received Effective Assistance of , Counsel as guaranteed by the Sixth Amendment to the United States Constitution, viz.: ; a. Whether trial counsel was ineffective for failing to visit the crime scene; ; b. Whether trial counsel was ineffective for failing to : conduct an independent investigation; . c. Whether trial counsel was ineffective for failing to move for a pre-trial in-court identification line-up; d. Whether trial counsel was ineffective for failing to — request a directed verdict/judgment of acquittal at the close of the State's evidence-in-chief e. Whether trial counsel was ineffective for failing to request a New Trial based on non-identity of Petitioner; : f. Whether trial counsel was ineffective for failing to effectively cross-examine governmental witnesses; g. Whether trial counsel was ineffective for failing to subpoena the crime scene investigator. , 2. Whether the Petitioner received Effective of Assistance of Appellate Counsel, as guaranteed by the Sixth Amendment to the United States Constitution, viz., a. Whether the sufficient to support ; a conviction based on non-identity of Petitioner 2 ; -. PARTIES: : Defense/Petitioner Julian Pesina Gutierrez, III, Petitioner ; Phillip Linder, trial counsel; on 3500 Maple Ave. Ste 400 Dallas, TX 75219 Tara Cunningham, appellate counsel; 325 N. St. Paul Street, ; Ste. 2750 Dallas, TX 75201 Prosecution . . Daniel Abrahamson, trial . . . , Ken Paxton, Attorney General of Texas; Jennifer Wissinger, Federal Habeas Criminal Appeals Division Box 12548 Austin, TX 78711-2548 ; Court Proceedings Honorable Jeanine Howard, 6th Judicial District, Dallas, TX Fifth District of Texas Court of Appeals Texas Court of Criminal Appeals : 3