No. 21-7836

Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-05-11
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Was the prosecution's remarks regarding the 'conscience of the community' and 'remorse' prosecutorial misconduct, or allowable argument?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Was the prosecutions remarks regarding the "conscience of the community" and "remorse" prosecutorial misconduct, or allowable argument? Was trial céunsel constitutionally effective when he: failed to make reasonable objections; failed to have the biological evidence independantly tested? Did the prosecutions failure to turn over a copy of the recorded jailhouse phone call to the defense create a constructive denial of counsel? Did the prosecution shift the burden of proof onto the defense when they suggested to the jury that the defense could have somehow brought evidence to refute the states claims? ii

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2022)

Attorneys

Bruce Edward Bingham, Jr.
Bruce Edward Bingham Jr. — Petitioner