No. 21-5546

Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
IFP
Tags: conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature
Key Terms:
DueProcess
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Whether the Fifth Circuit erred in deferring to the state court's ruling that Mr. Rodriguez was not prejudiced by his counsel switching sides in the same offense, and whether the state court denied Mr. Rodriguez due process by failing to follow the jurisprudence of the state legislature and higher courts

Question Presented (OCR Extract)

QUESTIONS PRESENTED : Mr. Rodriguez alleged that his appointed counsel for the offense in which he is currently sides and worked for the prosecution for the same offense which created . a. conflict of interest for her as a prosecutar, denied him the effective assistance of his counsel and denied him Due process, ‘ Did the Fifth Circuit err in deferring toe the state court ruling that Mr. Rodriguez was not prejudiced by. counsel switching sides in this offense, Did the state court deny Mr. Rodriguez Due Process when it failed to follow the jurisprudence of the state legislature and higher courts. ,

Docket Entries

2021-11-01
Petition DENIED.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Fernando Rodriguez
Fernando Rodriguez — Petitioner
Fernando Rodriguez — Petitioner