No. 20-8309

Robin Renee Melchior v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-06-15
Status: Denied
Type: IFP
IFP
Tags: appellate-review certificate-of-appealability district-court habeas-corpus newly-presented-evidence rule-4 section-2254 slack-standard standard-of-review state-court-records
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a United States District Court erred in failing to grant a certificate of appealability for a habeas corpus appeal

Question Presented (from Petition)

QUESTIONS PRESENTED , Whether the United States District Court and the United States Court of Appeals below erred by failing to grant Petitioner a ‘certificate of appealability’ for her habeas corpus appeal, under 28 U.S.C. 2253(c) and the “modest showing” required by Slack v. McDaniel, 529 U.S. 473 (2000)? ; What standard of review is a United States District Court to utilize when determining whether to dismiss a state prisoner’s habeas petition pursuant to Rule 4 of the Rules Governing Section 2254 cases in the United States District Courts? . Whether a United States District Court may dismiss a state prisoner’s habeas petition on the face of the petition without reviewing the state court records when the prisoner pleads : newly presented evidence since the time of the original state trial proceedings? ii

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)

Attorneys

Robin R. Melchior
Robin R. Melchior — Petitioner
Robin R. Melchior — Petitioner