No. 20-7638

Cesar Gomez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-04-01
Status: Denied
Type: IFP
IFP
Tags: constitutional-amendment constitutional-rights due-process fair-trial grand-jury harmless-error indictment-amendment prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether the district court applied the harmless-error review in an 'objectively unreasonable' manner

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) In adopting the 12th Court of Appeals opinion, who used the State's "harm analysis” standard, did the U.S.Dist.Court apply the harmlesserror review in an “objectively unreasonable" manner? 2) Gan Gomez' indictment be Constitutionally amended allowing the crime to be graded higher withouti:the Grand Jury doing the broadening or amending? 3) If erroneously admitted evidence was not ‘helpful’ but in fact "harmful' and prejudiced Gomez, was his Constitutional rights to due process and fair trial violated? 4) Was Gomez' trial fundamentally unfair due to prosecutorial misconduct during opening statement? i. |

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2021)

Attorneys

Cesar Gomez
Cesar Gomez — Petitioner
Cesar Gomez — Petitioner