No. 23-6008

Matthew Johnson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-11-14
Status: Denied
Type: IFP
IFP
Tags: capital-punishment district-court-discretion docket-control due-process equal-protection federal-courts habeas-corpus statute-of-limitations statutory-limitations
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Does 28 U.S.C. § 2244(d) require a federal district court to allow the full 1-year period for habeas applications?

Question Presented (OCR Extract)

Questions Presented 1. Does 28 U.S.C. § 2244(d), which provides in part that a “1-year period of limitations shall apply” to applications filed pursuant to 28 U.S.C. § 2254, require that a federal district court allow the applicant the full period provided for by statute, notwithstanding the court's inherent power to control its docket? 2. Does the Equal Protection Clause require a district court to treat indigent prisoners who seek habeas relief pursuant to 28 U.S.C. § 2254 similarly to non-indigent prisoners by allowing both classes of applicants the one-year period provided for by 28 U.S.C. § 2244(d)? 3. Does the special issue asked of the sentencing jury in a capital case in Texas violate a defendant’s right to due process and to a fair trial because the jury is punishing the defendant for future conduct, rather than past conduct, and because the predictions about future conduct are inherently unreliable and wrong far more often than they are right? 4. Does the Texas death penalty punishment scheme run afoul of In re Winship and its progeny by placing the burden of proof on a capital murder defendant to persuade the jury that he should not be sentenced to death because mitigating factors outweigh the single aggravating factor (i.e., future dangerousness) established by the state? ii

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-27
Reply of petitioner Matthew Johnson filed.
2024-01-12
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2023-12-12
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2024. See Rule 30.1.
2023-12-11
Motion to extend the time to file a response from December 14, 2023 to January 15, 2024, submitted to The Clerk.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2023)

Attorneys

Bobby Lumpkin
Tomee Morgan HeiningOffice of the Attorney General, Respondent
Tomee Morgan HeiningOffice of the Attorney General, Respondent
Matthew Johnson
David R. DowUniversity of Houston Law Center, Petitioner
David R. DowUniversity of Houston Law Center, Petitioner