No. 22-1068

Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-05-04
Status: Denied
Type: Paid
Experienced Counsel
Tags: certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether the Fifth Circuit erred in denying Gary Paul Kirkman’s request for a certificate of appealability (COA) when it concluded that he had not made a substantial showing of the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(2), despite his argument that the introduction of Sexual Assault Nurse Examiner (SANE) records at his trial violated his rights under the Confrontation Clause of the Sixth Amendment? Whether the admission of the SANE records, including the amendments made to them after the doctor’s review, without the opportunity for crossexamination of the SANE or the doctor, violated Gary Paul Kirkman’s rights under the Confrontation Clause of the Sixth Amendment, as established by the Supreme Court’s precedents in Crawford v. Washington, 541 U.S. 36 (2004), Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), and Bullcoming v. New Mexico, 564 U.S. 647 (2011)?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-05-01
2023-03-14
Application (22A801) granted by Justice Alito extending the time to file until May 1, 2023.
2023-03-09
Application (22A801) to extend the time to file a petition for a writ of certiorari from March 30, 2023 to May 14, 2023, submitted to Justice Alito.

Attorneys

Gary Paul Kirkman
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner