No. 20-6899

Cynthia Hudson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-01-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: bench-warrant certificate-of-appealability constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-04-01 (distributed 2 times)
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-02-25
Petitioner complied with order of February 22, 2021.
2021-02-22
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 15, 2021, within which to pay the docketing fee required by Rule 38(a).
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent Bobby Lumpkin, Director TDCJ-CID to respond filed.
2021-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Bobby Lumpkin, Director TDCJ-CID
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
Cynthia Hudson
Gregory Don Sherwood — Petitioner
Gregory Don Sherwood — Petitioner