No. 21-950

Ker'Sean Olajuwa Ramey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-12-29
Status: Denied
Type: Paid
Tags: 28-usc-2254 batson-claim batson-v-kentucky certificate-of-appealability fifth-circuit ineffective-assistance martinez-trevino peremptory-strike racial-bias
Key Terms:
DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Latest Conference: 2022-04-01
Question Presented (AI Summary)

In rejecting Ramey's claim for relief under Batson v. Kentucky, did the Fifth Circuit decide an important federal question in a way that conflicts with relevant decisions of this Court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In rejecting Ramey’s claim for relief under Batson v. Kentucky, 476 U.S. 79 (1986) (“Batson Claim”) and ignoring Ramey’s argument that 28 U.S.C. § 2254(d)(2) entitled him to relief without addressing any of the considerations this Court’s decisions identify as relevant to determining whether racial bias motivated the prosecution’s exercise of a peremptory strike, did the Fifth Circuit decide that important federal question “in a way that conflicts with relevant decisions of this Court”? Sup. Ct. R. 10(c). 2. Did the Fifth Circuit err in denying Ramey a certificate of appealability (“COA”) on his claim of ineffective assistance of counsel at the penalty phase (“Mitigation Claim”), given that reasonable jurists could debate whether the equitable considerations underlying Martinez v. Ryan, 566 U.S. 1 (2012) (as extended by Trevino v. Thaler, 569 U.S. 413 (2018)) (“Martinez / Trevino”) demand a similar narrow exception to Cullen v. Pinholster, 563 U.S. 170 (2011) that would apply here? 3. Alternatively, did the Fifth Circuit err in denying Ramey a COA on the Mitigation Claim because reasonable jurists could debate whether the new evidence he developed in federal court fundamentally altered the claim that had been adjudicated on the merits in state court, thereby rendering it a new, unexhausted claim eligible for consideration in federal court via Martinez/Trevino? (i) ll LIST OF

Docket Entries

2022-04-04
Petition DENIED.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-03-14
Reply of petitioner Ker'Sean Olajuwa Ramey filed. (Distributed)
2022-02-28
Brief of respondent Bobby Lumpkin, Director, TDCJ, Correctional Institutions Division in opposition filed.
2022-01-20
Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
2022-01-19
Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
2021-12-23
Petition for a writ of certiorari filed. (Response due January 28, 2022)
2021-11-05
Application (21A133) granted by Justice Alito extending the time to file until December 23, 2021.
2021-11-02
Application (21A133) to extend the time to file a petition for a writ of certiorari from November 23, 2021 to January 22, 2022, submitted to Justice Alito.

Attorneys

Bobby Lumpkin, Director, TDCJ, Correctional Institutions Division
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
Ker'Sean Olajuwa Ramey
Ronald Alan McIntirePerkins Coie LLP, Petitioner
Ronald Alan McIntirePerkins Coie LLP, Petitioner