No. 21-6931

Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-01-20
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error
Key Terms:
HabeasCorpus
Latest Conference: 2022-06-23 (distributed 2 times)
Question Presented (AI Summary)

Defendant's right to testify in habeas corpus proceeding

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. When a defendent claims their trial counsel denied them the right to testify in a habeas corpus proceeding, can this claim and a witness' supporting affidavit be overcome by a court applying ineffective assistance of counsel jurisprudence? In other words, did the district court error in applying ineffective assistance of counsel cause and prejudice to Mr. White's claim, that previously this Court has determined to be a structural error? 2. If a structural error, how then does one substantiate a violation of the Constitutional right to testify in a habeas corpus proceeding, when sworn statements, in this case by Mr. White and a witness are disregarded by the district court, in lieu of trial counsel's affidavit, without an evidentiary hearing inzthe state or federal courts?

Docket Entries

2022-06-27
Rehearing DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-04-11
Petition for Rehearing filed.
2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Tom Iles White
Tom Iles White III — Petitioner
Tom Iles White III — Petitioner