No. 24-5344

Jose Adolpho Castillo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2024-08-19
Status: Denied
Type: IFP
IFP
Tags: circuit-split cumulative-error habeas-corpus ineffective-counsel strickland-standard van-arsdall-factors
Latest Conference: 2024-10-18
Question Presented (from Petition)

1. Whether this Court's holding in Strickland v. Washington ,
466 U.S. 668 (1984), requires reviewing courts to consider
the cumulative effect of counsel's errors in determining
prejudice.

2. Whether Petitioner was entitled to a certificate of appeal-
ability (OOA) on his Strickland claims where the district
court refused to consider the cumulative effect of counsel's
errors in determining prejudice and there is a sircuit split
on that specific issue.

3. Whether reviewing courts are required to weigh the factors
set forth in Delaware v. Van Arsdall , 475 U.S. 673, 686-87
(1986), to determine Strickland prejudice, where an attorney
elicits and fails to object to inadmissible hearsay
testimony and that testimony is the only evidence that
sufficiently corroborates the accomplice witness testimony.

4. Whether Petitioner was entitled to a COA on his Strickland
claims where the district court did not weigh the Van
Arsdall factors in determining prejudice for counsel's
eliciting of and failure to object to the above mentioned
hearsay testimony and at least one other circuit uses the
Van Arsdall factors in this same type of situation.

Question Presented (AI Summary)

Whether reviewing courts must consider the cumulative effect of counsel's errors in determining Strickland prejudice and weigh Van Arsdall factors for ineffective assistance of counsel claims

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2024)

Attorneys

Jose A. Castillo
Jose Adolpho Castillo — Petitioner