No. 21-267

James Garfield Broadnax v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-08-24
Status: Denied
Type: Paid
Amici (1)Relisted (2)
Tags: 28-usc-2254 batson-challenge cullen-v-pinholster evidentiary-hearing federal-review habeas-corpus prosecutorial-discretion racial-discrimination statutory-interpretation
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2022-01-14 (distributed 2 times)
Question Presented (AI Summary)

Whether a federal habeas petitioner may present evidence of a prosecutor's racially discriminatory intent in support of a Batson claim where the evidence was not available during state court proceedings

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, under 28 U.S.C. § 2254(d) and Cullen v. Pinholster, 563 U.S. 170 (2011), a federal habeas petitioner may present evidence of a prosecutor’s racially discriminatory intent in support of a Batson claim where the evidence was not available to the petitioner during state court Batson proceedings. (1)

Docket Entries

2022-01-18
Petition DENIED.
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-16
Record received from the U.S. District Court for the Northern District of Texas. The record is electronic and contains sealed materials.
2021-12-07
Record received from the U.S. Court of Appeals for the Fifth Circuit. The record is available on PACER.
2021-12-06
Record Requested.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-23
Reply of petitioner James Garfield Broadnax filed. (Distributed)
2021-11-09
Brief of respondent Bobby Lumpkin, Director in opposition filed.
2021-10-14
Motion to extend the time to file a response is granted in part and the time is further extended to and including November 9, 2021.
2021-10-13
Motion to extend the time to file a response from October 25, 2021 to November 22, 2021, submitted to The Clerk.
2021-09-23
Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
2021-09-14
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
2021-09-13
Motion to extend the time to file a response from September 23, 2021 to October 25, 2021, submitted to The Clerk.
2021-08-20
Petition for a writ of certiorari filed. (Response due September 23, 2021)

Attorneys

Bobby Lumpkin – Director, TDCJ-CID
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
James Garfield Broadnax
Steven Craig HerzogPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Steven Craig HerzogPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
NAACP Legal Defense and Educational Fund, Inc.
Samuel SpitalNAACP Legal Defense and Educational Fund, Inc., Amicus
Samuel SpitalNAACP Legal Defense and Educational Fund, Inc., Amicus