No. 22-5284

Michael Duntae Fagans v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-08-04
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence brady-violation constitutional-violation due-process ineffective-assistance sentencing-enhancement speedy-trial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether Fagans is entitled to relief or an evidentiary hearing

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1). Whether Fagans is entitled to relief,or an evidentiary hearing,where the Court of Appeals, Fifth Circuit and the U.S. District of the Eastern District of Texas decision conflicts with other court(s) opinion:where Fagans Claim of Actual Innocence accompained by a claim of Constitutional Violation,due to a void Indictment, ; Denial of Effective Assistance in the proceedings, Improper Enhancement in the case and No Affirmative finding of a weapon.and his Due Process Rights ofthe 5th,6th and 14th Amendment,that is being Barred from review and relief. 2). Whether Fagans is entitled to relief,or an evidentiary hearing,where Fagans claim rest : upon a Srady violation,due tm his clear and . convincing evidence present in the case as exhibits that is being barred from review and relief. : 3). Whether Fagans is entitled ta relief,or an : evidentiary hearing,where Fagans was dented pFederal Right,due ta a "Speedy Trial" that is being barred from review and relief. De eee ;

Docket Entries

2023-04-24
Rehearing DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2022-10-26
Petition for Rehearing filed.
2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2022)

Attorneys

Michael Duntae Fagans
Michael Duntae Fagans — Petitioner
Michael Duntae Fagans — Petitioner