No. 20-7071

Pete Russell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-02-08
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability future-dangerousness habeas ineffective-assistance-of-counsel merits-review strickland
Key Terms:
DueProcess Punishment HabeasCorpus Securities
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Did the Court of Appeals err in denying a certificate of appealability, through a merits review, of Russell's claim that he received ineffective assistance of counsel at the punishment stage of trial with respect to future dangerousness?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Did the Court of Appeals err in denying a certificate of appealabilty, through a merits review, of Russell’s claim that he received ineffective assistance of counsel at the punishment stage of trial with respect to future dangerousness? 1 LIST OF ALL PARTIES Pete Russell, a/k/a Petitioner, Defendant at Trial Pete Russell, Jr.. No. 999443, and Applicant in State Habeas Texas Dept. of Criminal Justice, Proceedings Correctional Institutions Division Bobby Lumpkin Respondent Director of Texas Department of Criminal Justice, Correctional Institutions Division LIST OF

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-06-11
Petition for Rehearing filed.
2021-05-17
Petition DENIED.
2021-05-12
Reply of petitioner Pete Russell filed.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-08
Brief of respondent Bobby Lumpkin in opposition filed.
2021-03-04
Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
2021-03-04
Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
2021-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2021)

Attorneys

Bobby Lumpkin
Rachel Leigh PattonOffice of the Attorney General, Respondent
Pete Russell
Winston Earle Cochran Jr. — Petitioner