No. 21-5745

Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-09-22
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Was reversible error committed when trial counsel abandoned petitioner during a critical stage of the trial

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1).Was reversible error, committed pursuant to; STRICKLAND vs.WASHINGTON: MAPLE vsTHOMAS: UNITED STATE vs-HILLSMAN-:, when trial counsel abandoned petitioner,during a critical stage's of the trial; "Sentencing,filing a Notice of Appeal. and Motion for a New trial?". (2). Did the trial Judge breached the " Approved ,and Accep‘ted,by all parties including Trial Judge ‘plea agreement ' (contractual), for no more than :TEN years “deferred adjudi¢. ated probation'’",in direct conflict with precedent case's?. PERKINS vs.THIRD COURT OF APPEALS: LAFLER vs. COOPER: MISSOURI vs.FRYE: THOMAS vs.STATE. (3).Was petitioner's plea agreement. for TEN years, altered, and or modified the contract to 20.years when the STATE or someone with access crossed-out TEN years without the approval of all parties, in violation of petitioner's Gth, . and 14th amendments of the UNITED STATES CONSTITUTION?. (4). Was trial counsel acting in petitioner's best interest : when submitting TWO "conflicting affidavits" in violation ; of petitioner's 6th and 14th amendments to the UNITED | STATES CONSTITUTION, and: dm: conflict with precedent case law?. SHERMAN vs.STATE: DAVIS vs.ALASKA. (4 oC 19) IDENTIFICATION OF PARTIES State of Texas Counsefname in address served: : Mr. Jon Rodney Meador attorney,-Karen S. Mitchell attorney, Office of the Attorney General : Ken Paxton 300 W. 15th St. Austin ,Texas 78711-2548 a, TRIAL COURT AND MEMBERS ; Trial Counsel: Paul Johnson,900 Jackson Street Ste.650 Dallas ,Tx 75202,counsel for defendant. Ms.Chris Hawkins attorney for the Dallas District Attorney, 133. Riverfront Blvd. Dallas ,Tx 75207 Honorable Judge Teresa Hawthorne 203rd Judicial District : Court. ,Dallas County ,Tx.,133 .Riverfront Blvd.Dallas,Tx. : Cy 3 019)

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)

Attorneys

Juan Francisco Turcios
Juan Francisco Turcios — Petitioner