No. 20-8253

Blaine Keith Milam v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-06-08
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2244 8th-amendment constitutional-interpretation due-process eighth-amendment federal-review habeas-corpus intellectual-disability statutory-limitation suspension-clause
Key Terms:
ERISA Punishment HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Can 28 U.S.C. § 2244(b) be constitutionally interpreted to bar first-time federal habeas corpus merits review of an Eighth Amendment claim of intellectual disability?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Can 28 U.S.C. § 2244(b) be constitutionally interpreted to bar first-time federal habeas corpus merits review of an Eighth Amendment claim of intellectual disability? i

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-20
Reply of petitioner Blaine Milam filed. (Distributed)
2021-08-09
Brief of respondent Bobby Lumpkin in opposition filed.
2021-07-02
Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2021.
2021-07-01
Motion to extend the time to file a response from July 8, 2021 to August 9, 2021, submitted to The Clerk.
2021-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2021)

Attorneys

Blaine Milam
Jeremy Don SchepersOffice of the Federal Public Defender. Northem District of Texas, Petitioner
Jeremy Don SchepersOffice of the Federal Public Defender. Northem District of Texas, Petitioner
Bobby Lumpkin
Tomee Morgan HeiningOffice of the Attorney General, Respondent
Tomee Morgan HeiningOffice of the Attorney General, Respondent