No. 21-5861

Bradley Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-10-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-legal-materials constitutional-violation dna-evidence due-process evidence-standards incarceration-rights jury-selection legal-access perjury procedural-protections standards-of-proof
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the district court erred in dismissing petitioner's claims regarding due process violations related to access to legal materials, perjured testimony, DNA evidence, and jury selection procedures

Question Presented (OCR Extract)

QUESTION(S) PRESENTED THE QUSTION IS NOT MERELY THE WEIGHT OF LIBERTY OF PROPERTY , WITHOUT LANGUAGE OF THE 14th AMENDMENT.. ONCE IT IS DETERMIND THAT DUE PROCESS APPLIES THE QUSTION REMAINS WHAT IS DUE PROCESS? IT HAS BEEN SAID BY YOUR COURTS THAT DUE PROCESS IS FLEXABLE AND : CALLES FOR SUCH PROCEDURAL PROTECTIONS AS THE PARTICULAR SITUATION J DEMANDS AT THE TIME OF TRAVEL THE DISTRIC COURT WAS OR HAD RULEED IN THE . FAVOR OF THE STATE DOES THE RULES APPLY TO THOSE WHO ARE BAR TIME IN TRANSFER AND UNIT MAIL NEVER REACHED PETIONER UNTIL MONTH LATER AFTER THE THIRTY DAYS LAPSED? PROPER ACCESS TO LEGAL MATERIAL WHILE INCARCERATED UNDER TWENTYFOUR HOUR LOCK DOWN IS TO THE STANDARED OF UNIT OR WHAT IS NEEDED TO PROPERLY RESPONED TO COURTS PROMPTLY? , UNDER LAW OF OATH WHAT IS CONSIDERED TRUE PURGERY? , CAN PURGERED TESTIMONY MAKE ANY WITNESS NON CREDIBALE? CAN A MATERIAL ITEM STILL BE CONSIDERED ANY EVIDENCE IF IT , HAS 1. BEEN CONTAMINATED? 2.HAS MORE THAN ONE DNA IN IT BUT NOT | OF ANY TO THE VICTIM? WHAT IS THE RULEN ON DNA TRANSFER?IF A PERSON IS NOT PROVED TO | BE AT THE SCENE OF A CRIME BUT DNA IS PRESENT IS HE STILL GUILY?” OO WHar I$ THE RULING ON TRIPLE DNA MEX:\KEER. CONTAMINATION OF WEATHER ELEMENT ? IS EVIDENCE EVIDENCE AFTER THE SEVAYOR HAS REVIEW THE CRIME SCENE THOUROGHLY POINTED OUT BY WITNES BUT NOT TESTIFYED TO OR DISCIBED? IF A BATSON IS CALLED IN THE COURT AT THE FINISH OF THE VIDOR AND THE STANDARED OF RACE OR ETHNICTICITY HAS NOT BEEN REACHED BY VISABLE STANDARED IS’THAT ENOUGH? IN A JURY SHUFFLE CAN ONE JURIOR BE SKIPED AND REPLACED WITH THE NEXT IN LINE?WITH NO CAUSE*TO WHY? ; WHAT IS THE STANDERD OF DUE PROSES DEPIVATION“@F LIBERTY SUBSTANTIVE AS WELL AS PROCEDURL? HAS THE STANDER UNDER WINSHIP BEEN CHANGED OR IS THE SHODOW OF A DOUT A FLEXABLE ISSUE? ’ DNA WAS USED TO STRENGTHEN CASE AS TO PRESENTS AT THE SCENE BUT IT DOESNT PROVE EITHER PRESENTS OR CRIME IS DNA SUPORTED BY THE COURTS ILLIGALE SEARCH AND SEIZER OR TAINT OF TREE? WAS MY COUNSEL INSUFICENT IF THAT SAME DNA WAS NOT USE TO PROVE THAT TESTOMNEY OF A’ PHYSICAL: ALTERCATION COULD NOT HAVE BEEN DO TO TRANSFER OF DNA?7USED TO PROVE THE WAY THE MURDER ACCURED.

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-10-27
Waiver of right of respondent Bobby Lumpkin to respond filed.
2021-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2021)

Attorneys

Bobby Lumpkin
Patrick D. ToddTexas Attorney General, Respondent
Patrick D. ToddTexas Attorney General, Respondent
Bradley Garrett
Bradley Garrett — Petitioner
Bradley Garrett — Petitioner