Cynthia Hudson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Is a state habeas corpus petitioner denied federal constitutional due process when the state habeas court refuses to bench warrant the petitioner to attend an evidentiary hearing on ineffective assistance of counsel claims?
Questions Presented for Review 1. Is a state habeas corpus petitioner who pleads ineffective assistance of counsel claims denied federal constitutional due process when the state habeas court sets an evidentiary hearing, but then refuses to bench warrant the petitioner to attend the hearing, which prevented the petitioner from assisting her state habeas counsel at that hearing, or presenting any contrary evidence regarding her trial attorney’s testimony on the ineffective assistance claims? 2. If this Court does not order a remand for a new evidentiary hearing with the petitioner permitted to be present, then should the Fifth Circuit have granted a certificate of appealability on the ineffective assistance of counsel claims that were rejected by the federal district court? 1