No. 23-1004

Moises Sandoval Mendoza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2024-03-13
Status: Denied
Type: Paid
Tags: capital-punishment capital-sentencing due-process federal-court fifth-circuit habeas habeas-corpus ineffective-assistance merits-adjudication section-2254 state-court
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether a federal claim is 'adjudicated on the merits' in state court under 28 U.S.C. § 2254(d)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a federal claim is “adjudicated on the merits” in state court under 28 U.S.C. § 2254(d) so long as the state court resolves the claim on substantive grounds, even if the petitioner did not have a full and fair opportunity to litigate the claim. 2. Whether the Fifth Circuit erred in denying habeas relief on petitioner’s claim that his trial lawyers provided ineffective assistance by presenting a psychologist at the capital-sentencing phase who testified that petitioner lacked a moral compass, was a danger in and out of prison, and that the traditional mitigation factors were not present.

Docket Entries

2024-10-07
Petition DENIED.
2024-06-26
DISTRIBUTED for Conference of 9/30/2024.
2024-06-26
Reply of Moises Sandoval Mendoza submitted.
2024-06-26
2024-06-12
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2024-04-24
Motion to extend the time to file a response is granted and the time is further extended to and including June 12, 2024.
2024-04-23
Motion to extend the time to file a response from May 13, 2024 to June 12, 2024, submitted to The Clerk.
2024-03-26
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2024.
2024-03-22
Motion to extend the time to file a response from April 12, 2024 to May 13, 2024, submitted to The Clerk.
2024-03-11
2023-12-01
Application (23A496) granted by Justice Alito extending the time to file until March 11, 2024.
2023-11-28
Application (23A496) to extend the time to file a petition for a writ of certiorari from February 11, 2024 to April 11, 2024, submitted to Justice Alito.

Attorneys

Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Lanora Christine PettitOffice of the Texas Attorney General, Respondent
Lanora Christine PettitOffice of the Texas Attorney General, Respondent
Aaron Lloyd NielsonOffice of the Texas Attorney General, Respondent
Aaron Lloyd NielsonOffice of the Texas Attorney General, Respondent
Moises Sandoval Mendoza
Jason Matthew ZarrowO'Melveny & Myers LLP, Petitioner
Jason Matthew ZarrowO'Melveny & Myers LLP, Petitioner