No. 21-5460

Joe Michael Luna v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-08-24
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 circuit-split clearly-established-law federal-law federal-review habeas-corpus habeas-review state-court-decision statutory-interpretation wilson-v-sellers
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Under 28 U.S.C. § 2254(d)(1) and Wilson v. Sellers, is a habeas court's review limited to the state court's reasons or can it consider other reasons?

Question Presented (OCR Extract)

QUESTION PRESENTED Under 28 U.S.C. § 2254(d)(1) and Wilson v. Sellers, 138 S. Ct. 1188 (2018), is a habeas court’s review of a state court decision limited to an analysis of the reasons actually given by the state court to support its ruling, as the Second, Third, Fourth, Sixth, Seventh, and Ninth Circuits have held, or can the habeas court consider other reasons not discussed by the state court in determining whether the state court’s ruling was contrary to, or an unreasonable application of, clearly established federal law, as the Fifth and Eleventh Circuits have held and as the Court of Appeals did in this case? i STATEMENT OF

Docket Entries

2021-12-13
Petition DENIED.
2021-11-30
Reply of petitioner Joe Michael Luna filed. (Distributed)
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-09
Brief of respondent Bobby Lumpkin, Director in opposition filed.
2021-10-18
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.
2021-10-15
Motion to extend the time to file a response from October 25, 2021 to November 15, 2021, submitted to The Clerk.
2021-09-09
Motion to extend the time to file a response from September 23, 2021 to October 25, 2021, submitted to The Clerk.
2021-09-09
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
2021-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2021)

Attorneys

Bobby Lumpkin, Director
Judd Edward Stone IITexas Attorney General's Office, Respondent
Joe Michael Luna
Stuart Brian LevFederal Community Defender Office for the EDPA, Petitioner