No. 21-7996

George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-05-27
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue
Key Terms:
DueProcess FifthAmendment Punishment Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Where identical charges are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double-jeopardy rule based on the Blockburger test or same-elements test?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Where identical charges are filed for the same alleged victim in multiple counties, is it a violation of the Sth Amendment doublejeopardy rule based-on. the Blockburger. rule, ors%samé elements test"? In such a case of continuing criminal conduct spread over multiple counties, is a District Attorney in one of those counties at liberty to offer a plea deal for probation or otherwise representing both counties?» When a plea offer is made for two ccunties by the District Attorney in one county, is the cther county bound to the terms of the offer? If the second county does not offer the same terms as agreed in the first, is the original deal rendered involuntary ana therefore void? If an alleged victim gives glaringly inaccurate antormation about the genitals of the alleged perpetrator of a sexual assault (such as describing a "massive scar" which does not exist on the genitals of the accused) does this call into question the validity, of the testimcny of the allegea victin? Is it acceptable for a probation oificer to use GPS monitor at a ; cost of $300 per month solely to coerce a confession out of a probationer whe has no travel restrictions (such as avoiaing playgrounds or schoois)? Ig it a violation of 5th Amendnent rights when required polygraph testing is used solely to attempt to coax a confession to pending charges? . t Is it a violation of probationer's rights when a psycholcgicel counselor mocks and interrogates probetioner aggressively in the pursuit of a confession to the point that probationer suffers a heart attack? < ee J | | Is it ineffective assistance of counsel in violation of the 6th Amendment when a court-appointed lawyer fails.to interview any witnesses, refuses to ¢ubpoena medical evidence, and insists on defendant's acceptance of an involuntary plea? When defendant files Motion to Withdraw Plea and Motion to Replace Counsel, is judge at liberty to refuse the. Motdon to Replace Counsel, then allow the anwanted counsel to withdraw defendant's pro se Motion to Withdraw Plea? Is this defiance of defendant's will clear evidence that plea was involuntary? Is State at liberty to withhold exculpatory nedical’ evidence, in this case records of alleged victim's surgery to remove a birth defect known as a vaginal septum at Baylor Hospital in Dallas? Is State at liberty to withhold exculpatory evidence previously released via discovery in matching charges in another county, i. ehandwritten letter from alleged victim indicating losing her virginity to "Brian" and "Jeramy" which was provided to police by : nother of alleged victim? : When probation terms have been written to allow internet access r for work purposes and what is in plain public view, is this subjective wording and therefore. uneconstitutionally vague. due to failure to adequately give notice of which actions are prohibited? Is it acceptable to revoke probation based on an alleged violation which was entirely the product of technical difficulties and the restrictive scheduling policies of a service company contracted by the State to the exclusion of other companies offering same services without special scheduling requirements? In this case revocation was based on failure to install monitoring software due to circumstances’ beyond the. defendant's control -: Software installation was by appointment only...and during scheduled appoint=ment the internet connection on defendant's laptop computer tailec. i Can a probation violation be entirely subjective, rather than an objective provable fact? Should a probationer be revoked based on something as simple as a Google search with no inherent violation in it? When internet use is allowed for work and what is plain and public view. are the probationer's rights violated when the court makes virtually anything a violation? After probation terms were established in a court of law, the probation officer in Travis County. informed defendant that she would not accept transfer to Travis County unl

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2022)

Attorneys

Grorge E. Purdy
George Edward Purdy — Petitioner
George Edward Purdy — Petitioner