No. 24-5169

Jeremy David Spielbauer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2024-07-30
Status: Denied
Type: IFP
IFP
Tags: challenges-for-cause constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection media-coverage trial-procedure use-immunity venue
Key Terms:
Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) The trial court abused its discretion in denying challenges for cause to venire members Terry Freethy and Joseph Havlik; and the 7th Court of Appeals in Lubbock, Texas overturned his ‘conviction. tf the 7th court overturned his conviction and the 5th Circuit Court held up his conviction then who is riaht? tf Mr, Spiethauer's leaal council had tn use 2. strikes for the 2 firors Freathy and Havlik, that should have been stricken for cause based on the answers to the questionairs they submitted. Instead, the judge denied the request of extra strikes and made Jeremys council use the only strikes he had. With the media coverage on the case and the location of the incident Mr. Shielpaner was alreariy found quilty in the publics eyes They atitomatically had formed opinions about the case. So who is right the 7th court or 5th circuit? (2) Spielbauer was denied the effective assistance of trial counsel when, during the course of the . investinatinn, they allgwed him ta siihmit ta interviews with the investigators tinder the ausnices of a “Use Immunity Agreement” without any understanding of the evidence possessed by the : investigators. Also not giving him the correct advise on how a use immunity works and that according to the courts does not go into effect until the petioner has been indicted. His council did not make the , pationer aware of that, Why does a use immunity have to he able ta he used only AFTFR an, indictment? And why wasnt Jeremey made aware of this hy his attorneys? . ‘ a . .

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2024)

Attorneys

Jeremy David Spielbauer
Jeremy David Spielbauer — Petitioner
Jeremy David Spielbauer — Petitioner