No. 22-94
Robert Alan Fratta v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Relisted (2)
Experienced Counsel
Tags: appeals appellate-procedure certificate-of-appealability civil-procedure habeas habeas-corpus jurisdiction jurisdictional-grounds procedural-default rule-60(b) rule-60b
Key Terms:
HabeasCorpus Punishment Securities JusticiabilityDoctri
HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference:
2023-01-06
(distributed 2 times)
Question Presented (AI Summary)
Must a habeas petitioner obtain a certificate of appealability to appeal the denial of a Rule 60(b) motion on jurisdictional grounds?
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1) Must a habeas petitioner obtain a certificate of appealability (“COA”) to appeal the denial of a Rule 60(b) motion on jurisdictional grounds? 2) Does a Rule 60(b) motion constitute a successive habeas petition when the movant raises a change in procedural law that affects a prior ruling that claims were procedurally defaulted? (i)
Docket Entries
2023-01-09
Petition DENIED.
2023-01-09
Application (22A543) referred to the Court.
2023-01-09
Application (22A543) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied.
2023-01-03
Reply of applicant Robert Fratta filed.
2022-12-29
Response to application from respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-16
Application (22A543) for a stay, submitted to Justice Alito.
2022-10-28
Rescheduled.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-10-18
Reply of petitioner Robert Fratta filed. (Distributed)
2022-09-30
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2022-08-26
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2022.
2022-08-25
Motion to extend the time to file a response from August 31, 2022 to September 30, 2022, submitted to The Clerk.
2022-07-28
Petition for a writ of certiorari filed. (Response due August 31, 2022)
2022-05-23
Application (21A752) granted by Justice Alito extending the time to file until July 28, 2022.
2022-05-17
Application (21A752) to extend the time to file a petition for a writ of certiorari from May 29, 2022 to July 28, 2022, submitted to Justice Alito.
Attorneys
Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Judd Edward Stone II — Texas Attorney General's Office, Respondent
Judd Edward Stone II — Texas Attorney General's Office, Respondent
Robert Fratta
Stanley Joseph Panikowski III — DLA Piper LLP (US), Petitioner
Stanley Joseph Panikowski III — DLA Piper LLP (US), Petitioner