No. 21-5338

Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-08-10
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure
Key Terms:
AdministrativeLaw Arbitration SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether the prosecutor's submission of an affidavit for probable cause listing a tan animal hair found in a wicker trunk, when the DNA report received a week before the affidavit showed the hair did not belong to the victim, violated the defendant's Fourth, Fifth, and Fourteenth Amendment rights

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; A oo WHY Qin THE PRosecuTeR SUBMIT A AFFINAVIT FoR PROBAMIE CAUSE LISTING CITING A TAN Animal HAIR WAS Fount INSINE WickER TRUNK WITH Vichin CAFTER ViewinG THE FET ONE a TERE Face Book Moe AND Scfing His TAN AND WHiTé K-q NoG) WHEN A OR RECEIVED THE DNA REPORT on 4/4n/dold (one week AEFORE Fill i> DaviT To THE CaukT) MAY bala) NA RefosT Helga Ao FRoM TRUNK’ AS Ane ah PRoFiED AS KElONGING To THE Vien? APfentix E EXHIBIT “AY ANA RPT. PAGE 3 oF.3) DAVIS V, STATE \B3ISWead 4b CTeX.CRMAPPIIBD EXP ARANOIEY) 731 S.W. de BBE ~ Grex. Rim APP.19B9)+ US, Vs Leon 468 U.5-B4 701989) TAT) OF U.S, CONSTITUTION AMENDMENT (S) FouRTH, Fi THy FOURTEENTH 'Y FED. R, APP. P: Rui 5b (G), 2, How 1$ iT LEGAL FoR THE TRIAL COURT To Allow AND TGNoR TRAclevENTs TNADMISSIBlE NISIEADING CEli PHoNE TESTIMONY AND EVIDENCE To Ae Anmiited wen Cleagly THE MoTiON Fok MiSTRIAl SHouid HAVE BEEN GRANTED AT: 17QR.83-84 CexHidil “L”)» THE STATES ACCUSATION /SPECUIATION WAS “LACK IN CAN AcTiviTY ” Fak THE DAYS IN QuEsTON, LexaierT, WN PAGE \A)sWHicH 1s PROVEN To BE THE OFfaSITE WITH GRAPH AND PHONE RECORDS AT! EXHIATTS "C” PAGES HITHRD WS. C

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2021)

Attorneys

Michael V. Moore
Michael Vincent Moore — Petitioner
Michael Vincent Moore — Petitioner