No. 20-6836

Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-01-11
Status: Denied
Type: IFP
IFP
Tags: appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Effective-Assistance-of-Counsel

Question Presented (OCR Extract)

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

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

Julian P. Gutierrez
Julian P. Gutierrez — Petitioner
Julian P. Gutierrez — Petitioner