Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Whether trial counsel's inadvertent act was 'strategic'
QUESTIONS PRESENTED 1. Petitioner’s trial counsel accidentally opened the door to devastating extraneous offense evidence. Could reasonable jurists disagree with the district court’s conclusion, contrary to this Court’s holdings in Wiggins v. Smith, 539 U.S. 510 (2003), Hinton v. Alabama, 571 U.S. 263 (2014), and Wood v. Allen, 558 U.S. 290 (2010), that counsel’s inadvertent act was “strategic”? 2. Could reasonable jurists also disagree with the district court’s conclusion that Petitioner had not overcome 28 U.S.C. § 2254(d)’s re-litigation bar and shown that trial counsel’s mistake was prejudicial?