No. 20-7983

Thomas Lam v. Robert C. Tanner, Warden

Lower Court: Fifth Circuit
Docketed: 2021-05-11
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the Fifth Circuit err in denying a request for COA on an important question of federal law regarding the trial judge's incorrect explanation of the charge the petitioner pled guilty to?

Question Presented (OCR Extract)

QUESTIONS PRESENTED -_ ‘ The trial judge relied on a discussion with the jury, during voir dire as 0 satisfaction to a constitutional guilty plea that he informed Petitioner of the charges. a .. But the explanation was for second degree murder — not manslaughter as to the : . charge he pled guilty. : : Meg AY . * Did the Fifth Circuit deny a request for COA on an important question of a ie 7 ~ federal law that has not been, but should be, settled by this Court because the trial judge incorrectly explained the charge Petitioner did not plea to? Furthermore, the explanation was directed to the jury — not Petitioner. In addition, did the court err that jurists of reason could not debate that the Henderson! presumption applies when , : the Petitioner’s case is distinguishable from Henderson? ‘ , 1 Henderson v. Morgan, 426 U.S. 637, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976). ii

Docket Entries

2021-10-04
Petition DENIED.
2021-06-24
DISTRIBUTED for Conference of 9/27/2021.
2021-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2021)

Attorneys

Thomas Lam
Thomas Lam — Petitioner
Thomas Lam — Petitioner