No. 22-7244

Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-04-10
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard
Latest Conference: 2023-06-08
Question Presented (from Petition)

When a State court's summary denial assumed the truth of the facts plead in a State habeas writ application and a Federal habeas court, pursuant to 28 U.S.C. § 2254(d)(1), evaluates whether that State court decision involved an unreasonable application of Strickland to the facts of the case, does the "could have supported" framework of Harrington v. Richter, 562 U.S. 86 (2011) give the Federal court an excuse to "invent" as a reason for the State court's decision historical facts which, according to the State's established practice, the State court did not actually rely on for the decision?

Does 28 U.S.C. § 2253(c) require a Certificate of Appealability ("COA") for a State prisoner to appeal the denial of pre-trial motions related to the procedures and standards (such as in GROUND ONE) used in evaluating the merits of a § 2254 Habeas Petition?

Was Cruz's court-appointed counsel at the second trial ineffective in violation of the 6th Amendment to the U.S. Constitution when counsel was silent on the determinative issue on Cruz's decision to reject the 7 and 10 year pre-trial plea bargain offers or when counsel provided misadvise about the punishment hearing defense for the 20 year mid-trial plea bargain offer?

Question Presented (AI Summary)

Whether the 'could have supported' framework of Harrington v. Richter allows a federal court to 'invent' historical facts not relied upon by the state court

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2023)

Attorneys

Jose R. Cruz
Jose Ramon Cruz — Petitioner