No. 23-6139

Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-11-30
Status: Denied
Type: IFP
IFP
Tags: client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy
Key Terms:
HabeasCorpus Punishment Privacy
Latest Conference: 2024-03-01
Question Presented (AI Summary)

Does this Court's clearly established precedent under Strickland v. Washington permit lower courts to hold that trial counsel's performance categorically 'cannot be [ ] unreasonable' whenever they, without any investigation, follows their client's instructions?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does this Court's clearly established precedent under Strickland v. Washington, 466 U.S. 668 (1984), and its progeny permit lower courts to hold that trial counsel’s performance categorically “cannot be [ ] unreasonable” whenever they, without any investigation, follows their client's instructions? 2. Whether lower courts faithfully apply the standard for substitution of counsel under 18 U.S.C. § 3599 when those courts, unlike their sister courts, require that capital habeas petitioners satisfy a substantive burden beyond showing a facially sound reason for substitution of counsel before conducting the inquiry required by this Court’s cases.

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-13
Reply of petitioner Milton Dwayne Gobert filed. (Distributed)
2024-01-31
Brief of respondent Bobby Lumpkin in opposition filed.
2023-12-21
Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2024
2023-12-20
Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
2023-11-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2024)
2023-10-13
Application (23A320) granted by Justice Alito extending the time to file until November 28, 2023.
2023-10-06
Application (23A320) to extend the time to file a petition for a writ of certiorari from October 29, 2023 to December 18, 2023, submitted to Justice Alito.

Attorneys

Bobby Lumpkin
Stephen Matthew HoffmanOffice of the Attorney General, Respondent
Milton Gobert
Donna F. ColtharpFederal Public Defender, Western District Texas, Petitioner