No. 23-6451

Travis Dwight Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2024-01-10
Status: Denied
Type: IFP
IFP
Tags: abandonment attorney-abandonment cause cause-doctrine circuit-split federal-rules-of-civil-procedure habeas-corpus maples-v-thomas mental-incompetence procedural-default standard-of-review
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Are a district court's findings on habeas abandonment subject to clear error review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Are a district court’s findings that a habeas corpus petitioner’s attorney abandoned him “from the beginning” and “for the entirety of [his] state habeas application process” factual determinations that “must not be set aside unless clearly erroneous,” Fed. R. Civ. P. 52(a)(6), like the findings supporting the “cause” determination in Amadeo v. Zant, 486 U.S. 214, 222-224 (1988), or, as the Fifth Circuit held in this case and others, may a court of appeals review de novo all matters related to a finding of “cause”? 2. Do the Fifth, Third, and Seventh Circuits correctly apply this Court’s equitable “cause” doctrine when they hold, as a matter of law, that incompetence due to a brain impairment cannot excuse a procedural default because “mental incompetency ... is not a cause external to the petitioner,” Gonzales v. Davis, 924 F.3d 236, 244 (5th Cir. 2019) (per curiam), or do the Fourth, Sixth, Eighth, and Ninth Circuits apply the correct rule in holding that a habeas petitioner may excuse his default by showing it was caused by mental incompetence because the effects of a disease “cannot fairly be attributed to’ the prisoner,” Davila v. Davis, 582 U.S. 521, 528 (2017) (quoting Coleman v. Thompson, 501 U.S. 722, 753 (1991))? i

Docket Entries

2024-05-13
Petition DENIED.
2024-04-24
DISTRIBUTED for Conference of 5/9/2024.
2024-04-19
2024-04-10
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2024-02-29
Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2024.
2024-02-27
Motion to extend the time to file a response from March 11, 2024 to April 10, 2024, submitted to The Clerk.
2024-01-11
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2024.
2024-01-10
Motion to extend the time to file a response from February 9, 2024 to March 11, 2024, submitted to The Clerk.
2024-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2024)
2023-11-28
Application (23A472) granted by Justice Alito extending the time to file until January 8, 2024.
2023-11-21
Application (23A472) to extend the time to file a petition for a writ of certiorari from December 4, 2023 to February 1, 2024, submitted to Justice Alito.

Attorneys

Bobby Lumpkin
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
Travis Green
Tivon SchardlFederal Defender, Capital Habeas Unit, Petitioner
Tivon SchardlFederal Defender, Capital Habeas Unit, Petitioner