Thurston Rickey-Lee Davis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Whether the 5th Circuit abused its discretion in denying habeas relief based on the statute of limitations and summary judgment issues
QUESTION(S) PRESENTED . 1). In an appeal of a 2254, at the "C.0.A." stage, when the U.S. District oy Court: accepts the affirmative defense of ' Statute of Limitation violat: ion‘ that's intertwined with petitioner’s inef ective assistance of counSie] claim, denying habeas relief, as a summary judgtient, did the 5th Circuit abuse it's disczetion, when the court failed toxfocus ion; issues of "Time-barr'' and “Summary judgment''?(the only issues addressed in the lower court's "C.0.4." determination). 2).\inder, the “A-E.D.P.A.'s" one-year statute of limitations, petitioner re wasn"t afforded the 6th Amendment's protection under Strickland v. Washington due to counsel filing a "Anders' brief" pursuant to Anders v. California, 87 S.Ct. 1396 (196/) indicating no "Notice™ of all the facts: that can be charged upon the attorney, not given to petitioner; was it an abuse of discretion of the district court to not find counsel's "Anders’ brief", as a "impediment to filing an application" umder 28 U.S.C. § 2244(d)(B)? 3). With regards to a no merits brief under Anders v. California, 87 S.Ct. . 1396, can a claim of insufficiency of the evidence pursuant to Jackson v. Virginia, 443 U.S. 307 (1979), ever be "Wholly frivolous" or without merits?