No. 23-5421

Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-08-23
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: capital-punishment certificate-of-appealability constitutional-claim future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-review strickland-v-washington
Latest Conference: 2023-10-27
Question Presented (from Petition)

I. Where a state court and federal court deny a habeas claim on contradictory grounds, do their conflicting rulings suggest that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong," Slack v. McDaniel, 529 U.S. 473, 484 (2000), such that a certificate of appealability should issue?

II. Does a state court's divided rejection of a federal constitutional claim demonstrate that reasonable jurists would debate the claim's merits such that a certificate of appealability should issue, as three Justices of this Court and the Seventh Circuit have recognized, or may a federal court decline to issue a certificate of appealability in such circumstances, as held by the Fifth Circuit below, the Eighth Circuit, and district courts in the First and Eleventh Circuits?

Question Presented (AI Summary)

whether-contradictory-state-federal-court-rulings-demonstrate-debatability-of-constitutional-claim

Docket Entries

2023-11-09
Rehearing DENIED.
2023-11-09
Application (23A410) referred to the Court.
2023-11-09
Application (23A410) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied. The petition for rehearing is denied.
2023-11-09
Reply of applicant Brent Brewer filed.
2023-11-08
Response to application from respondent Bobby Lumpkin, Director filed.
2023-11-07
2023-11-07
Application (23A410) for stay of execution of sentence of death, submitted to Justice Alito.
2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-10-04
Reply of petitioner Brent Ray Brewer filed. (Distributed)
2023-09-20
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2023-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2023)

Attorneys

Bobby Lumpkin, Director
Craig William CosperTexas Attorney General's Office, Respondent
Brent Ray Brewer
Shawn NolanFederal Community Defender Office for the EDPA, Petitioner