No. 23-5767

Fidel Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-10-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: complainant-credibility credibility-determination expert-testimony harmless-error lay-testimony sixth-amendment strickland-prejudice strickland-standard
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-11-03
Question Presented (AI Summary)

Did the Fifth Circuit err in its review of Petitioner's Sixth Amendment claim and its evaluation of Strickland prejudice when it determined that repeated improper expert and lay testimony regarding the truthfulness of the Complainant and of children, in general, is arguably cumulative evidence of the Complainant's credibility and therefore harmless, if the Complainant testifies at trial?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Did the Fifth Circuit err in its review of Petitioner’s Sixth Amendment claim — and its evaluation of Strickland prejudice — when it determined that repeated improper expert and lay testimony regarding the truthfulness of the Complainant and of children, in general, is arguably cumulative evidence of the Complainant’s credibility and therefore harmless, if the Complainant testifies at trial? 2

Docket Entries

2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-17
Waiver of right of respondent Bobby Lumpkin to respond filed.
2023-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)

Attorneys

Bobby Lumpkin
Lanora Christine PettitOffice of the Texas Attorney General, Respondent
Lanora Christine PettitOffice of the Texas Attorney General, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
Fidel Flores
Bryan William Lee GarrisLaw Offices of Bryan Garris, Petitioner
Bryan William Lee GarrisLaw Offices of Bryan Garris, Petitioner