No. 22-5369

Milton Lee Gardner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-08-17
Status: Denied
Type: IFP
IFP
Tags: confrontation confrontation-clause constitutional-error criminal-procedure due-process habeas-corpus jury-charge juvenile-adjudication juvenile-justice sentencing-enhancement
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-14
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1). If the record in this case contains two "written waivers" of counsel, and one request to proceed pro se by counsel, prior to voir dire. But, the record is silent of Faretta admonishments, isn't it Unconstitutional for this conviction to stand? 2). Isn't it unconstitutional for a State Court's Jury Charge to demand the jury to find a defendant guilty of a 1st degree felony based on the elements of a 2nd degree felony, and replace essential elements of a criminal statute with alternative elements not mentioned in that statute? 3). If the Grand Jury Subpoena's a medical record for indictment purposes, & the medical record contained CT-Scans of a person who was not the alleged victim of assault, & the Grand Jury indicts the defendant,& the defendant is convicted. Isn't that unconstitutional? 4). If a prosecution's witness interprets another doctor's x-ray results at trial, & the prosecution ask the jury to consider the x-rays : they heard about. Isn't that admitting the x-ray report through live in court testimony, violating confrontation under Bullcomings ? 5). Isn't it unconstitutional for a Federal Habeas Judge, in a Federal Habeas proceeding, regarding a State Petitioner, to argue that the state petitioner’s “unadjudicated claim is harmless & deny relief & a Certificate of Appealability} when state did not argue harmless err? 6). Can this court in a certiorari proceeding invoke its jurisdiction under Article III section 2 of the U.S. Constitution to decide: Isn't it unconstitutional for Texas Family Code section 51.13(d) and Texas Penal Code 12.42(f) to authorize a juvenile adjudication as a final felony conviction to enhance an adult's sentence as habitual when: 1) TX juvenile's records are destroyed after 20 years and 2)juveniles are not morally culpable as adults to be harshly punished in an adult case when the juvenile was not certified as an adult for the juvenile adjudication. ?? te 4

Docket Entries

2022-10-17
Petition DENIED.
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2022-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2022)

Attorneys

Bobby Lumpkin
Sarah Miranda HarpTexas Attorney General, Respondent
Sarah Miranda HarpTexas Attorney General, Respondent
Milton Lee Gardner
Milton Lee Gardner — Petitioner
Milton Lee Gardner — Petitioner