| 24A713 |
Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-22 |
Presumed Complete |
confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to adequately investigate… |
| 24A641 |
Jose Guillermo Mendez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-30 |
Presumed Complete |
certiorari indigent legal-resources prison-restrictions pro-se time-extension |
Whether a pro se indigent prisoner's limited access to legal resources and prison mail restrictions constitute an extraordinary circumstance justifyin… |
| 24A585 |
Trinidad Alvarado v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-16 |
Presumed Complete |
constitutional-rights criminal-procedure evidence-suppression fourth-amendment methamphetamine-possession search-and-seizure |
Whether the Fourth Amendment prohibits the admission of evidence obtained through an allegedly illegal search and seizure in a state criminal prosecut… |
| 24-6123 |
Michael Ray Senn v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-11 |
Denied |
criminal-law equal-protection fourteenth-amendment marital-status penalty-enhancement sexual-assault |
Does a penalty provision of the Texas sexual assault statute that increases penalties based on marital status violate the Equal Protection Clause of t… |
| 24A545 |
Bartholomew Granger v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-04 |
Presumed Complete |
capital-murder constitutional-deficiency critical-stage ineffective-assistance sixth-amendment trial-counsel |
Whether the Sixth Amendment right to effective assistance of counsel requires reversal of a capital murder conviction where trial counsel allegedly pr… |
| 24A538 |
Anthony Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-03 |
Presumed Complete |
capital-punishment constitutional-claims habeas-corpus ineffective-assistance sixth-amendment strickland-standard |
Whether the Sixth Amendment requires a new trial when a defendant demonstrates ineffective assistance of counsel that potentially prejudiced the outco… |
| 24-5986 |
Patrick Bernard Smith v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-11-15 |
Denied |
constitutional-rights due-process federal-jurisdiction judicial-review legal-procedure statutory-interpretation |
Question not identified. |
| 24-5865 |
Reginald Donell Rice v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-10-30 |
Denied |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief |
Whether a state court's denial of post-conviction relief based on ineffective assistance of counsel claims violates a criminal defendant's constitutio… |
| 24-5670 |
Garcia Glenn White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-30 |
Denied |
None |
QUESTION PRESENTED Does the Eighth Amendment prohibition against cruel and unusual punishment prevent the execution of an intellectually disabled deat… |
| 24-5671 |
Garcia Glenn White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-30 |
Denied |
aedpa cruel-and-unusual-punishment death-row Does the Eighth Amendment prohibition against crue eighth-amendment intellectual-disability time-limitation |
Whether the Fifth Circuit's resolution of counsel substitution replicates the Christeson error and fails to address a potential conflict of interest i… |
| 24-5571 |
Bakari Abdul Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-18 |
Denied |
appellate-review circuit-split criminal-procedure felony-conviction ineffective-assistance stipulation |
Whether a circuit split exists regarding the ineffective assistance of counsel standard for stipulating to a defendant's prior felony conviction |
| 24-5515 |
Bryant Christopher Watts v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-11 |
Denied |
None |
Question not identified. |
| 24A247 |
Sam Autry Fletcher v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-09 |
Presumed Complete |
constitutional-rights habeas-corpus prisoner-litigation pro-se section-2254 technological-evidence |
Whether a pro se prisoner's constitutional rights were violated when the district court denied his 28 U.S.C. § 2254 habeas petition without fully cons… |
| 24-5364 |
Jose Rojas-Meliton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-22 |
Denied |
attorney-abandonment fifth-circuit-review habeas-corpus jurisdictional-motion maples-v-thomas rule-60b-motion |
Did the Fifth Circuit abuse its discretion by misinterpreting a Rule 60(b) motion as a jurisdictional Rule 4(a) motion, and did the circuit court's de… |
| 24-5344 |
Jose Adolpho Castillo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-19 |
Denied |
circuit-split cumulative-error habeas-corpus ineffective-counsel strickland-standard van-arsdall-factors |
Whether reviewing courts must consider the cumulative effect of counsel's errors in determining Strickland prejudice and weigh Van Arsdall factors for… |
| 24-5233 |
Jose Carlos Belmont v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-05 |
Denied |
circuit-split civil-procedure habeas-corpus innocence-gateway newly-discovered-evidence standing state-vacatur successive-writ takings |
Question not identified |
| 24-5212 |
Clarence Wyatt Holland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-01 |
Denied |
circuit-court due-process fundamental-justice harmless-error ineffective-assistance-of-counsel ineffective-counsel prejudice prosecutorial-misconduct supreme-court-law |
Did the Circuit Court apply the correct harmless-error standard and properly consider the record evidence of prejudice? |
| 24-5169 |
Jeremy David Spielbauer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-07-30 |
Denied |
challenges-for-cause constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection media-coverage trial-procedure use-immunity venue |
Question not identified. |
| 23-7834 |
Willie Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-06-28 |
Denied |
4th-amendment 6th-amendment civil-rights constitutional-rights due-process excessive-force judicial-review law-enforcement probable-cause search-warrant unlawful-detention |
Whether the officers had probable cause for the stop, whether there was a search warrant for the car, whether there was sufficient evidence to support… |
| 23A1093 |
Donald Ray Malena v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-06-07 |
Presumed Complete |
certiorari extension-of-time federal-procedure habeas-corpus prisoner-rights pro-se |
Whether a pro se prisoner's request for an extension of time to file a petition for writ of certiorari should be granted when the petitioner lacks acc… |
| 23-1255 |
Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2024-05-30 |
Denied |
certificate-of-appealability federal-habeas fourth-amendment habeas-corpus harmless-error ineffective-assistance-of-counsel probable-cause search-warrant |
Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate of … |
| 23-7577 |
Chuong Duong Tong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-28 |
Denied |
capital-case capital-punishment due-process good-cause ineffective-assistance post-conviction-relief postconviction-counsel potentially-meritorious rhines-standard rhines-v-weber voir-dire |
Did the Court of Appeals err in holding that ineffective assistance of postconviction counsel cannot establish 'good cause' under Rhines v. Weber? And… |
| 23A1035 |
Dedric Dixon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-21 |
Presumed Complete |
constitutional-rights criminal-procedure double-jeopardy felony-murder ineffective-assistance jury-verdicts |
Whether a criminal defendant's constitutional rights are violated when he is convicted of felony murder after being acquitted of intentional murder ba… |
| 23-7437 |
Overille Denton Thompson, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-09 |
Denied |
appellate-process certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus judicial-discretion legal-precedent procedural-review sanctions standard-of-review |
Whether the Fifth Circuit failed to engage in the COA process |
| 23A978 |
Chuong Duong Tong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-02 |
Presumed Complete |
death-penalty habeas-corpus ineffective-assistance rhines-stay voir-dire wiggins-claim |
Whether a death row inmate can obtain a Rhines stay to return to state court and exhaust a procedurally defaulted ineffective assistance of trial coun… |
| 23-7340 |
Kelton Vondre Yates v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-30 |
Denied |
appellate-review circuit-court-procedure civil-procedure constitutional-provisions due-process evidentiary-hearing federal-court-jurisdiction jurisdictional-dismissal procedural-grounds standing statute-of-limitations |
Whether Petitioner is entitled to equitable tolling of the statute of limitations |
| 23A946 |
Jose Rojas-Meliton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-22 |
Presumed Complete |
civil-procedure ineffective-assistance prisoner-rights pro-se procedural-default rule-60b |
Whether a pro se prisoner's motion for relief under Federal Rule of Civil Procedure 60(b) can overcome procedural default when the prisoner claims lac… |
| 23A923 |
Bryant Christopher Watts v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-16 |
Presumed Complete |
civil-procedure equitable-tolling jurisdiction notice-of-appeal prisoner-litigation pro-se |
Whether a pro se prisoner's untimely notice of appeal can be excused under equitable tolling principles when the delay results from alleged procedural… |
| 23-7227 |
Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-15 |
Denied |
agency-relationship habeas-corpus ineffective-assistance ineffective-assistance-of-counsel maples-v-thomas martinez-v-ryan procedural-default sixth-amendment state-post-conviction |
Where counsel's renunciation of representation leads to a procedural default in state post-conviction proceedings that provide the initial opportunity… |
| 23-7142 |
Elizabeth A. Ramsey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-05 |
Denied |
civil-rights constitutional-violation criminal-procedure due-process fair-trial judicial-review legal-rights presumption-of-innocence standing |
Whether the petitioner's constitutional rights were violated by the court's refusal to allow him to present evidence and witnesses in his defense |
| 23-7086 |
Vinicio J. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2024-03-27 |
Denied |
8th-amendment administrative-law civil-procedure civil-rights constitutional-law cruel-and-unusual-punishment due-process federal-jurisdiction standing statutory-interpretation |
whether-grievances-were-properly-filed |
| 23A857 |
Vinicio J. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2024-03-21 |
Presumed Complete |
appeal-dismissal fifth-circuit filing-fee pro-se procedural-due-process want-of-prosecution |
Whether the Fifth Circuit Court of Appeals improperly dismissed a pro se prisoner's appeal for want of prosecution without providing adequate notice o… |
| 23-7039 |
Everett Dale Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
appeals appellate-counsel constitutional-right constitutional-rights double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-exhaustion procedural-default |
Whether the court of appeals erred in concluding that Petitioner's double-jeopardy claim was unexhausted or procedurally-defaulted |
| 23-7037 |
Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing |
Whether the petitioner has met the burden of proof to establish his mental incompetence and entitlement to a competency hearing |
| 23-7000 |
Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-15 |
Denied |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment |
Does a criminal defendant charged with sex-crimes have the same Constitutional rights as a defendant charged with non-sex-crimes? |
| 23M73 |
Anthony Dewayne Jamerson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-13 |
Presumed Complete |
None |
|
| 23-1004 |
Moises Sandoval Mendoza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-13 |
Denied |
capital-punishment capital-sentencing due-process federal-court fifth-circuit habeas habeas-corpus ineffective-assistance merits-adjudication section-2254 state-court |
Whether a federal claim is 'adjudicated on the merits' in state court under 28 U.S.C. § 2254(d) |
| 23-6956 |
David Wilbanks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-11 |
Denied |
collateral-order-doctrine confrontation-clause constitutional-interpretation criminal-sentencing due-process final-judgment fourteenth-amendment judicial-review jurisdiction sixth-amendment statutory-construction |
Did the Court of Appeals have jurisdiction over the collateral order doctrine when the district judge failed to issue a COA for the final judgment und… |
| 23-6924 |
Leonard Farrell Willis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-07 |
Denied |
actual-innocence certificate-of-appealability exhaustion-doctrine habeas habeas-corpus limitation-period mcquiggin-v-perkins procedural-bars procedural-default sentencing-error |
Does a federal habeas petitioner's claim of actual innocence of a non-capital sentence exception operate, in the wake of McQuiggin v. Perkins, 133 S.C… |
| 23-974 |
Sammy Jay Riddle v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-06 |
Denied |
aedpa criminal-procedure deferred-adjudication fifth-circuit habeas-corpus judgment judgment-of-conviction statute-of-limitations |
Whether the federal habeas corpus statute of limitations begins to run from the finality of a deferred adjudication order or the finality of the judgm… |
| 23-6806 |
Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-22 |
Denied |
criminal-justice criminal-procedure due-process jury jury-impartiality justice-system obstruction-of-justice penal-code pre-trial trial-rights |
When does Penal Code 21.02 adulterate the justice system, obstructing due process, pre-trial and an impartial jury? |
| 23A760 |
Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-20 |
Presumed Complete |
court-procedure legal-access petition-forms pro-se supreme-court writ-of-certiorari |
Whether a pro se petitioner can obtain Supreme Court petition forms when unable to access them through standard channels |
| 23-6764 |
Kevin Ray Morris, Sr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-20 |
Denied |
administrative-law civil-rights due-process equitable-tolling habeas-corpus mailroom-misconduct prison-mailroom prisoner-mail procedural-default |
Whether the lower court erred in denying petitioner's claim to equitable tolling based on the prison mailroom's mishandling of prisoner mail, includin… |
| 23A737 |
Byron Ray Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-08 |
Presumed Complete |
aedpa alternative-perpetrator child-sexual-abuse habeas-corpus ineffective-assistance sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to present alternative perpetrator evidenc… |
| 23A713 |
Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-01 |
Presumed Complete |
agency-duties death-penalty ineffective-assistance procedural-default state-habeas waiver-of-rights |
Whether an attorney's complete abdication of agency duties during a client's waiver of state habeas review can constitute cause to excuse a procedural… |
| 23-6515 |
John Edward Hall v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-01-18 |
Denied |
burden-of-proof death-penalty due-process federal-habeas standard-of-review state-court |
Whether the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) (28 U.S.C. 2254(d)) governing federal habeas review of state court decisions… |
| 23-6451 |
Travis Dwight Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-01-10 |
Denied |
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 |
Are a district court's findings on habeas abandonment subject to clear error review? |
| 23A635 |
Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-01-09 |
Presumed Complete |
impartial-jury ineffective-assistance juror-bias sixth-amendment trial-counsel voir-dire |
Whether a criminal defendant's Sixth Amendment right to an impartial jury is violated when a juror with a potential familial connection to a witness i… |
| 23-6365 |
Rodney Adam Hurdsman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-27 |
Denied |
critical-stage incarceration plea-bargain presumption-of-prejudice pretrial-period right-to-counsel sixth-amendment speedy-trial |
whether-the-pretrial-period-is-a-critical-stage |
| 23-6255 |
David Alexander Hunter v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-13 |
Denied |
aedpa direct-appeal direct-review due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan suspension-clause |
Is the AEDPA's one-year limitation period for state prisoners to raise claims of ineffective assistance of counsel triggered by conclusion of 'direct … |
| 23-635 |
Steven LaWayne Nelson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-13 |
Denied |
28-usc-2254 capital-murder circuit-split claim-preclusion culpability habeas-corpus ineffective-assistance-of-counsel law-of-parties relitigation-bar sentencing-procedure |
Has a claim been 'adjudicated on the merits' in state court under 28 U.S.C. § 2254(d) when it consists wholly of allegations the state court never con… |
| 23-6227 |
Jose Antonio Cortez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-11 |
Denied |
certificate-of-appealability civil-rights due-process federal-rules-of-civil-procedure fourteenth-amendment habeas-corpus reasonable-time rule-60b6 sixth-amendment unanimous-jury-verdict |
Whether the court of appeals side-stepped the requirements of a Certificate of Appealability |
| 23A496 |
Moises Sandoval Mendoza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-01 |
Presumed Complete |
aedpa circuit-split federal-review habeas-corpus merits-review state-court-decision |
Whether a state court's decision can be considered an 'adjudication on the merits' under 28 U.S.C. § 2254(d) when the defendant was denied a full and … |
| 23-6139 |
Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-30 |
Denied |
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 |
Does this Court's clearly established precedent under Strickland v. Washington permit lower courts to hold that trial counsel's performance categorica… |
| 23-6108 |
Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-27 |
Denied |
compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure |
Whether or not State violates an accused person's Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, without written order… |
| 23A472 |
Travis Dwight Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-27 |
Presumed Complete |
capital-punishment habeas-corpus ineffective-counsel mental-illness procedural-default schizophrenia |
Whether a defendant's severe mental illness and state habeas counsel's abandonment can constitute cause to excuse procedural default in a capital case… |
| 23-6076 |
Timothy Ricardo Pedraza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-22 |
Denied |
civil-rights constitutional-rights due-process judicial-discretion liberty-interest parole parole-eligibility statutory-interpretation texas |
Whether a State or US Court of Appeals abused its discretion and/or committed plain error for a misapplication of state law (statute) |
| 23-6003 |
David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-11-15 |
Denied |
civil-rights due-process equal-protection federal-jurisdiction legislative-history reconstruction-era removal-act statutory-interpretation |
Should an important federal law from the Reconstruction Era be given its original public meaning or should it remain a virtual deadletter due to the g… |
| 23A440 |
David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-11-15 |
Denied |
capital-punishment equal-protection fourteenth-amendment judicial-review prosecutorial-discretion removal-statute |
Whether the Equal Protection Clause permits disparate treatment of capital defendants by state prosecutors in seeking execution dates without a meanin… |
| 23A434 |
Ernesto L. Natividad v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-15 |
Presumed Complete |
certiorari extension-of-time fifth-circuit incarcerated-petitioner pro-se writ-of-habeas-corpus |
Whether a pro se incarcerated petitioner can obtain an extension of time to file a writ of certiorari when awaiting a response from the Circuit Court … |
| 23-6008 |
Matthew Johnson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-14 |
Denied |
capital-punishment district-court-discretion docket-control due-process equal-protection federal-courts habeas-corpus statute-of-limitations statutory-limitations |
Does 28 U.S.C. § 2244(d) require a federal district court to allow the full 1-year period for habeas applications? |
| 23A410 |
Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-07 |
Denied |
certificate-of-appealability constitutional-claim death-penalty expert-testimony future-dangerousness habeas-corpus |
Whether a state court dissent on a constitutional claim requires granting a certificate of appealability in a death penalty habeas proceeding |
| 23A394 |
Steven LaWayne Nelson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-01 |
Presumed Complete |
circuit-split federal-review habeas-corpus ineffective-assistance section-2254 state-court |
Whether the preclusive scope of 28 U.S.C. § 2254(d) permits federal courts to consider ineffective assistance of counsel claims that were not adjudica… |
| 23A380 |
Anthony Dewayne Jamerson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-26 |
Presumed Complete |
None |
Question not identified. |
| 23-5887 |
Arthur Vasquez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-10-26 |
Denied |
civil-procedure civil-rights constitutional-law due-process free-speech judicial-procedure legal-jurisdiction standing statutory-interpretation takings |
Whether the Supreme Court of the United States has jurisdiction to review the decision of the United States Court of Appeals for the Ninth Circuit |
| 23A353 |
Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-18 |
Presumed Complete |
None |
Question not identified. |
| 23-5824 |
Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-17 |
Dismissed |
administrative-law civil-procedure civil-rights consumer-protection due-process standing |
How can the FTC prove that they have an actual injury to a consumer's rights? |
| 23-5767 |
Fidel Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-12 |
Denied |
complainant-credibility credibility-determination expert-testimony harmless-error lay-testimony sixth-amendment strickland-prejudice strickland-standard |
Did the Fifth Circuit err in its review of Petitioner's Sixth Amendment claim and its evaluation of Strickland prejudice when it determined that repea… |
| 23-5772 |
Cornel Jackie Drummer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-12 |
Denied |
appellate-procedure court-records due-process federal-review habeas-corpus insufficient-evidence meaningful-appeal procedural-default statute-of-limitations tolling |
Did the United States Court of Appeals for the Fifth Circuit err in sustaining the United States District Court for the Western District of Texas' hol… |
| 23A320 |
Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-12 |
Presumed Complete |
None |
Question not identified. |
| 23-323 |
Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-09-28 |
Denied |
abandonment aedpa gonzalez-v-crosby habeas-corpus indigent-representation ineffective-assistance-of-counsel right-to-counsel rule-60(b) second-or-successive-petition |
Whether a Rule 60(b) motion claiming that habeas counsel's abandonment prevented the consideration of a petitioner's claims should always be recharact… |
| 23-5637 |
Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-09-22 |
Denied |
aedpa aedpa-standard certificate-of-appealability constitutional-challenge constitutional-rights fifth-circuit-review habeas-corpus rule-60(b) rule-60b successive-petition successive-petitions |
Did the Fifth Circuit err in denying a COA for failure to properly consider the framework in which successive petitions are mandated to be reviewed |
| 23-5500 |
Le'Troy D. Merritt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-09-01 |
Denied |
confrontation-clause constitutional-law criminal-procedure due-process evidentiary-rules fair-trial federal-appeal habeas-corpus judicial-review procedural-due-process state-action |
Can a state's evidentiary rules violate the Constitution's due process clause by depriving a defendant of a fair trial? |
| 23-5498 |
Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-31 |
Dismissed |
civil-rights constitutional-provision criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel judicial-review jurisdictional-matter legal-issue procedural-question statutory-interpretation |
Whether the petitioner's constitutional rights were violated |
| 23A183 |
Richard Wayne Taylor v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-29 |
Presumed Complete |
None |
Question not identified. |
| 23-5421 |
Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-23 |
Denied |
capital-punishment certificate-of-appealability constitutional-claim future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-review strickland-v-washington |
whether-contradictory-state-federal-court-rulings-demonstrate-debatability-of-constitutional-claim |
| 23-5321 |
Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-08-09 |
Denied |
appeals appellate-jurisdiction constitutional-review criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure plea-bargaining procedural-barriers right-to-counsel state-courts |
Question not identified |
| 23-5250 |
Jaleel Bertrand Franklin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-01 |
Denied |
certificate-of-appealability counsel-statements due-process jurist-standard legal-deference logical-fallacy presumption-of-correctness racial-composition racial-makeup-of-venire state-created-barrier venire-panel |
Whether counsel's statements are entitled to 'double deference' or a presumption of correctness when such are premised entirely upon a logical fallacy… |
| 23-5251 |
Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-01 |
Denied |
4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement |
Was evidence presented at a trial for murder subject to the exclusionary rule, where said evidence was the result of an illegal search of the defendan… |
| 23-5206 |
Francisco J. Castaneda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-26 |
Denied |
civil-rights constitutional-rights criminal-convictions criminal-procedure detention-standards due-process effective-assistance-of-counsel interrogation-tactics law-enforcement police-questioning search-and-seizure |
Was the petitioner unlawfully detained? |
| 23-5219 |
Jerry Wilson, aka Steve Vic Parker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-07-26 |
Denied |
civil-rights constitutional-law cruel-and-unusual-punishment due-process equal-protection habeas-corpus judicial-discretion standing statutory-interpretation |
Is a United States Citizen Wrongfully Imprisoned, LIFE-IN-DANGER |
| 23A38 |
Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-17 |
Presumed Complete |
AEDPA-statute-of-limitations attorney-abandonment capital-punishment habeas-corpus ineffective-assistance-of-counsel rule-60b-motion |
Whether a Rule 60(b) motion alleging abandonment by counsel can attack a defect in the integrity of habeas proceedings and excuse compliance with AEDP… |
| 23-5089 |
Garland Bernell Harper v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-13 |
Denied |
batson batson-challenge certificate-of-appealability equal-protection fifth-circuit habeas ineffective-assistance jury-selection peremptory-strike race-discrimination |
Does the Fifth Circuit Court of Appeals' methodology for evaluating a prosecutor's facially race-neutral reasons for purposeful discrimination violate… |
| 23-20 |
Reza Ahmadi v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-06 |
Denied |
constitutional-claims exhaustion-doctrine habeas-corpus ineffective-assistance johnson-v-williams judicial-proceedings procedural-default rule-60b supreme-court-precedent trevino-v-thaler |
Does a court contravene Johnson v. Williams and Trevino v. Thaler when it holds an ineffective assistance claim was unexhausted and procedurally defau… |
| 23-5047 |
Omar Javier Torres v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-06 |
Denied |
civil-rights constitutional-claims due-process federal-procedure habeas-corpus judicial-discretion miscarriage-of-justice state-court-findings |
Whether the federal court of appeals abused its discretion |
| 23-5037 |
Patrick L. Martinez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-05 |
Denied |
due-process equal-protection habeas-corpus indigent-prisoners ineffective-assistance ineffective-assistance-of-counsel sixth-amendment texas-criminal-procedure |
Do Texas procedures for postconviction habeas corpus violate the Sixth Amendment and deny indigent prisoners equal protection and due process of law b… |
| 23-5008 |
Michael Bien v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-06-30 |
Denied |
certificate-of-appealability circuit-court covid-19-tolling district-court extraordinary-circumstances habeas-corpus hearing new-evidence rule-60(b) rule-60b |
Whether a United States District Court's ruling to deny a §2254 Certificate of Appealability should be vacated by the Circuit Court when Rule 60(b) ne… |
| 22-1203 |
Alan Patrick Fowler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-06-13 |
Denied |
confrontation-clause confrontation-right constitutional-rights criminal-law criminal-sentencing due-process ineffective-assistance ineffective-assistance-of-counsel mens-rea mental-health sentencing specific-intent |
Whether there is insufficient evidence of specific intent to commit murder |
| 22-7687 |
James Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-06-01 |
Denied |
constitutional-law criminal-procedure criminal-sentencing due-process evidence ineffective-assistance-of-counsel judicial-discretion retroactive-application self-defense statutory-interpretation verbal-threat |
Whether a defendant may assert self-defense against a verbal threat even if the victim did not act on the threat |
| 22-7674 |
John Paul Waldon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-31 |
Denied |
4th-amendment 6th-amendment appellate-review civil-rights constitutional-challenge criminal-procedure due-process federal-jurisdiction habeas-corpus standing |
Whether the United States Court of Appeals for the Fifth Circuit erred in denying Petitioner's petition for writ of certiorari |
| 22-7665 |
Demarkus Antonio Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-30 |
Denied |
civil-rights constitutional-challenge constitutional-errors constitutional-interpretation due-process federal-courts federal-jurisdiction judicial-review jurisdiction legal-procedure standing |
Whether the federal courts have jurisdiction to review the merits of this case and issue a memorandum decision |
| 22-7654 |
Juan L. Caballero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-26 |
Denied |
civil-rights constitutional-review criminal-conviction due-process habeas-corpus insufficient-evidence newly-discovered-evidence prosecutorial-misconduct state-court-review sufficiency-of-evidence |
Can the lower court courts indiscriminately deny (timely) filed Federal habeas corpus (2261) of newly discovered evidence wherein the newly discovered… |
| 22-7640 |
Herbert Lavonne Wiggins v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-25 |
Denied |
civil-procedure civil-rights due-process merits newly-discovered-evidence standing |
When did the law pass stating that courts do not have to adjudicate the merits on a writ? |
| 22-7515 |
Juan Andrade-Moreno v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-10 |
Denied |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-defense ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel sixth-amendment |
Whether the Supreme Court's decision in Strickland v. Washington, 466 U.S. 668 (1984), is unconstitutional under the United States Constitution? |
| 22-7495 |
Rudolfo Gill v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-09 |
Denied |
civil-procedure civil-rights constitutional-interpretation constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-review legal-precedent standing takings |
Whether a plaintiff must make a 'substantial showing' of the deprivation of constitutional rights to establish standing to sue |
| 22-1068 |
Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-04 |
Denied |
certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment |
Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability |
| 22-7433 |
Carlos Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-01 |
Denied |
appellate-procedure certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel |
Whether the Sixth Circuit Court of Appeals erred in not granting a COA on the basis that the Petitioner was not able to argue his case without appoint… |
| 22-7410 |
Reynaldo Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-28 |
Denied |
28-usc-2244 28-usc-2253 antiterrorism-and-effective-death-penalty-act equitable-tolling extraordinary-circumstances habeas-corpus |
What constitutes an expeditious remedy and/or a prompt hearing under 28 U.S.C. §2254 |
| 22-7356 |
Michael Moose v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-25 |
Denied |
civil-procedure civil-rights due-process jurisdiction standing takings |
Whether the United States Court of Appeals erred in dismissing the petitioner's request for writ of certiorari |
| 22-7301 |
Arturo Daniel Aranda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-17 |
Denied |
fact-finding fifth-circuit habeas habeas-corpus miranda-waiver pre-aedpa presumption-of-correctness state-court-process townsend-standard townsend-v-sain |
Whether the pre-AEDPA presumption of correctness applies whenever the state record supports the state court's finding, or whether the federal court mu… |
| 22-7271 |
Gregg Haden v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-13 |
Denied |
14th-amendment 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-review supreme-court-precedent texas-procedure |
Whether Texas's procedure for failing to apply the Bullcoming standard and violating the 6th Amendment right to confrontation that is incorporated aga… |
| 22-7244 |
Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-10 |
Denied |
certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard |
Whether the 'could have supported' framework of Harrington v. Richter allows a federal court to 'invent' historical facts not relied upon by the state… |
| 22-7206 |
Dennis Hood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-04 |
Denied |
constitutional-rights day-for-day due-process equal-protection false-aggregate-sentence parole-denial perjurious-information sentence-aggregate sentence-aggregation time-credit |
Whether a person can be put in fear of death for refusing parole on a sentence already served |
| 22-7188 |
Brian Douglas Rambo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-04-03 |
Denied |
constitutional-interpretation constitutional-underpinnings due-process federal-courts federal-review habeas habeas-corpus no-evidence no-evidence-claim sufficiency-of-evidence |
Is there a conflict among the federal courts on whether Jackson-vs-Virginia-sufficiency-of-evidence-standard-abrogated-Thompson-v-City-of-Louisville-n… |
| 22-7169 |
Scott Teevan v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-31 |
Denied |
actual-innocence appointment-of-counsel circuit-split counsel-appointment due-process habeas-corpus ineffective-assistance perjury standard-of-review |
Whether the standard of review for actual innocence claims should be resolved by this Court to address a circuit split |
| 22-7064 |
Ryan Rydell Bonner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-22 |
Denied |
constitutional-provisions double-jeopardy due-process habeas-corpus inmate-rights judicial-review legal-controversy petition-clause pretrial-writ reindictment statutory-provisions |
Whether the state court's denial of a pretrial writ of habeas corpus on double jeopardy grounds, where the defendant was reindicted for the same offen… |
| 22-7042 |
Rosa Serrano v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-20 |
Denied |
actual-innocence federal-habeas procedural-default removal-jurisdiction state-court-proceeding void-conviction whistleblower-act |
Whether removal of state court proceeding divested state court of jurisdiction to enter a judgment of conviction |
| 22M94 |
Arturo Daniel Aranda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-16 |
Presumed Complete |
None |
|
| 22-7020 |
Tiwian Laquinn Skief v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-15 |
Denied |
certificate-of-appealability civil-rights due-process fifth-circuit habeas-corpus ineffective-assistance judicial-review misrepresentation procedural-error standard-of-review |
Did the Fifth Circuit misrepresent facts in this case that caused them to deny Petitioner's COA? |
| 22-7021 |
Victor Todd Williams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-15 |
Denied |
actual-innocence constitutional-rights double-jeopardy due-process federal-habeas habeas-corpus limitation-period procedural-law state-post-conviction statute-of-limitations tolling |
Whether the court of appeals should have issued a Certificate of Appealability upon the Petitioner's claim and issue of whether the district court err… |
| 22-7008 |
Heath R. Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-14 |
Denied |
certificate-of-appealability child-sexual-abuse forensic-interview forensic-interviews habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Was Petitioner entitled to a certificate of appealability on his claim of ineffective assistance of counsel? |
| 22-866 |
John Franklin Bell, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-13 |
Denied |
thus requiring a COA and plenary consideration by certificate-of-appealability dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice standard-of-review trial-counsel |
Are petitioner's due process and ineffective assistance of counsel claims debatable among reasonable jurists, thus requiring a COA and plenary conside… |
| 22A801 |
Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-13 |
Presumed Complete |
None |
|
| 22-6992 |
Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-03-10 |
Denied |
criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time |
Whether it is legal to start a prison sentence, then stop it and then restart it by adding more time, is it legal to revoke street time on parole when… |
| 22-6955 |
Jaime Piero Cole v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-07 |
Denied |
caldwell-v-mississippi caldwell-violation certificate-of-appealability death-penalty fifth-circuit-ruling ineffective-assistance ineffective-assistance-of-counsel jury-selection procedural-default voir-dire |
Was the Fifth Circuit's ruling that a court's comments during voir dire cannot give rise to a Caldwell violation erroneous and in tension with rulings… |
| 22-6959 |
Thurston Rickey-Lee Davis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-07 |
Denied |
5th-amendment 6th-amendment anders-brief certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations summary-judgment |
Whether the 5th Circuit abused its discretion in denying habeas relief based on the statute of limitations and summary judgment issues |
| 22-6938 |
Raul Gonzalez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-06 |
Denied |
civil-procedure civil-rights due-process equal-protection standing vagueness |
Question not identified |
| 22-6939 |
Francisco Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-06 |
Denied |
appellate-procedure circuit-court constitutional-rights due-process effective-assistance-of-counsel federal-appeals federal-review habeas-corpus mailbox-rule procedural-default |
Whether a state habeas petitioner's pleading was timely filed under the mailbox rule |
| 22A781 |
Patrick L. Martinez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-03 |
Presumed Complete |
None |
|
| 22-6904 |
Robert Roderick Stubblefield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-02 |
Denied |
appeals civil-rights court-of-appeals district-court due-process federal-courts habeas-corpus judicial-review legal-merits petition-review standing writ-of-certiorari |
Should a COA have been issued and should relief have been granted after review of the merits of all three claims that were raised to the District cour… |
| 22-6917 |
Stevie Andre Roberson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-02 |
Denied |
14th-amendment due-process equal-protection false-information liberty-interest parole parole-board procedural-rights texas-parole-statute |
Whether prisoners have a constitutionally protected liberty interest in parole release under the 14th Amendment |
| 22-6798 |
Ronald Jeffrey Prible v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-02-16 |
Denied |
brady-claim brady-v-maryland cause circuit-split due-diligence evidence-suppression federal-habeas habeas-corpus procedural-default suppression |
Whether a defendant must show inability to discover favorable evidence through due diligence to establish 'suppression' under Brady v. Maryland |
| 22M79 |
David Wayne McWherter v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-02-16 |
Presumed Complete |
None |
|
| 22A734 |
Dennis Hood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-02-09 |
Presumed Complete |
None |
|
| 22-6688 |
Danny Richard Rivers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-02-02 |
Denied |
2254(e)(2) due-process evidentiary-hearing federal-civil-procedure habeas-corpus ineffective-assistance martinez-exceptions pinholster procedural-default reversible-error |
Did the Fifth Circuit Court of Appeals violate due process and/or commit reversable error when it applied PINHOLSTER to bar evidentiary hearing? |
| 22A693 |
Arturo Aranda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-02-01 |
Presumed Complete |
None |
|
| 22-6621 |
Jason Sewell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-01-24 |
Denied |
certificate-of-appealability criminal-procedure denial-of-petition due-process habeas-corpus non-frivolous-claims petition-denial texas-law |
Was Petitioner entitled to a certificate of appealability on four claims following the denial of his petition, where each issue presented non-frivolou… |
| 22A639 |
Ronald Jeffrey Prible v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-01-13 |
Presumed Complete |
None |
|
| 22-6480 |
Anthony Rohlf v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-01-09 |
Denied |
circuit-conflict civil-rights claim-definition due-process federal-habeas judicial-review misconduct pro-se-petitioner successive-writ writ-of-certiorari |
Does the definition of the term 'Claim' given by this court in Gonzales v. Crosby still stand as the law of the land? |
| 22-6474 |
Cody Jay Riley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-01-06 |
Denied |
actual-innocence aedpa americans-with-disabilities-act civil-rights due-process hiv incarceration penological-interests scientific-evidence |
Does a state violate the Americans with Disabilities Act when incarcerating a person living with HIV outside of any penological interests? |
| 22A586 |
Jaime Piero Cole v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-30 |
Presumed Complete |
None |
|
| 22-6362 |
Carlos Santana R. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-21 |
Denied |
constitutional-rights criminal-procedure due-process equal-protection federal-law habeas-corpus ineffective-assistance-of-counsel unreasonable-determination |
Did the Court of Criminal Appeals of Texas and the U.S. District Court Northern District of Texas San Angelo Division err in deciding the merits of Pe… |
| 22A553 |
Tiwian Laquinn Skief v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-20 |
Presumed Complete |
None |
|
| 22A543 |
Robert Alan Fratta v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-19 |
Presumed Complete |
None |
|
| 22-6304 |
Lanny Marvin Bush v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-14 |
Denied |
brady-violation constitutional-rights custody custody-interrogation due-process ineffective-assistance-of-counsel interrogation law-enforcement-procedure right-to-counsel |
Was petitioner in custody when interrogated? |
| 22-6240 |
Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-07 |
Denied |
civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel |
Whether the Court violated the petitioner's constitutional rights, including due process and effective assistance of counsel |
| 22-6241 |
Clarence Lee Hooker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-07 |
Denied |
6th-amendment 8th-amendment appellate-review civil-rights constitutional-claims due-process equal-protection federal-law ineffective-assistance-of-counsel judicial-misconduct legal-interpretation procedural-due-process |
Whether the U.S. Court of Appeals for the 6th Circuit erred by denying petitioner's claims of ineffective assistance of counsel, due-process, equal-pr… |
| 22M52 |
Argustus Charles Choyce v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-07 |
Presumed Complete |
None |
|
| 22-6182 |
Stacy L. Conner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-30 |
Denied |
civil-rights constitutional-law constitutional-rights due-process federal-courts habeas-corpus judicial-discretion liberty-interest procedural-fairness standing statutory-interpretation |
Does the U.S. Supreme Court view habeas-corpus as a static-narrow-formalistic remedy or has its scope grown to achieve its grand purpose the protectio… |
| 22-487 |
Douglas Tyrone Armstrong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-22 |
Denied |
ABA-standards capital-murder constitutional-deficiency criminal-trial habeas-corpus ineffective-assistance-of-counsel prejudice prevailing-norms professional-competence |
Whether an incarcerated inmate's trial counsel provided constitutionally deficient representation |
| 22-6139 |
Lawrence Edward Thompson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-22 |
Denied |
administrative-law civil-rights due-process federal-courts jurisdiction standing |
Whether the lower court erred in its application of the legal standard for determining if a petitioner has standing to bring a claim |
| 22-6066 |
Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-16 |
Denied |
28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority |
Whether the Trial Court had the authority to supplant the verdict of the jury on punishment |
| 22-6010 |
Christopher Lamont Penn v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-08 |
Denied |
appeals civil-rights criminal-procedure due-process ex-post-facto retroactivity |
Whether the petitioner's conviction was unconstitutional due to a change in the law during the appeals process |
| 22-6004 |
Tracy Beatty v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-07 |
Denied |
civil-rights clemency clemency-services court-order due-process habeas habeas-petition indigent-capital-defendants mental-health mental-health-crisis statutory-interpretation |
Whether courts are required by McFarland v. Scott to implement 18 U.S.C. § 3599 consistent with both the language and purpose of the statute |
| 22A399 |
Tracy Beatty v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-07 |
Denied |
None |
|
| 22-5952 |
Randell Joseph Redmond v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-10-31 |
Denied |
2nd-amendment appellate-review civil-procedure civil-rights constitutional-review due-process judicial-procedure legal-interpretation standard-of-review standing takings |
Whether the Eleventh Circuit Court of Appeals erred in holding that the Firearms Owners' Protection Act (FOPA) does not preempt state laws prohibiting… |
| 22-5945 |
Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2022-10-28 |
Denied |
civil-rights due-process free-speech patent standing takings |
Whether the legal issues being raised |
| 22-358 |
Ronald Blake Fears v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-10-18 |
Denied |
double-deference federal-deference habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis standard-of-review state-court-review strickland-standard strickland-v-washington |
Whether 28 U.S.C. § 2254(d)(1) requires that a federal court apply 'double deference' to a state court's legal conclusion that a habeas petitioner was… |
| 22A318 |
Douglas Tyrone Armstrong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-10-17 |
Presumed Complete |
None |
|
| 22-5819 |
Jose Efrain Vega v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-10-12 |
Denied |
appellate-procedure certificate-of-appealability due-process federal-courts habeas-corpus judicial-review procedural-default standard-of-review standing |
Whether the court of appeals properly denied Petitioner's certificate of appealability? |
| 22A307 |
Stacy L. Conner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2022-10-12 |
Presumed Complete |
None |
|
| 22A296 |
Carlos Santana R. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-10-07 |
Presumed Complete |
None |
|
| 22-5647 |
Jose Antonio Guerrero-Yanez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-22 |
Denied |
28-usc-2253 appeal certificate-of-appealability civil-rights due-process fifth-amendment fifth-circuit first-amendment rule-60b-motion standing |
Did the Fifth Circuit misapply 28-USC-2253 by requiring a Certificate of Appealability for a Rule-60(b) motion, infringing First-Amendment and Due-Pro… |
| 22-5662 |
Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-22 |
Denied |
constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial |
Whether the possibility of a conviction should affect the prejudice inquiry in an ineffective assistance of counsel claim alleging probation misadvice |
| 22-5642 |
Lonnie Kade Welsh v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2022-09-21 |
Denied |
28-usc-2241 28-usc-2254 collateral-consequences custody custody-status direct-consequence habeas-corpus sex-offender-registration suppression-clause suspension-clause writ-of-certiorari |
Is a person in custody for the purpose of 28 U.S.C. § 2241 or 28 U.S.C. § 2254 if the individual is still under a direct consequence from the criminal… |
| 22A246 |
Nathaniel Frazier v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-20 |
Presumed Complete |
None |
|
| 22-5601 |
Rosa Serrano v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-16 |
Denied |
civil-procedure civil-rights due-process false-claims-act free-speech healthcare-liability medicaid-reimbursement ninth-circuit-review standing statutory-interpretation whistleblower whistleblower-provisions |
Whether the petitioner's constitutional rights were violated |
| 22-5560 |
Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-13 |
Denied |
brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony |
Has the prosecutor suborned perjury? |
| 22-5509 |
Jaime Luevano v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-06 |
Dismissed |
civil-rights due-process free-speech jurisdiction standing takings |
Whether the Petitioners' First Amendment rights were violated by the government's actions |
| 22-5467 |
Antonio B. Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-30 |
Denied |
6th-amendment amendment-violation appellate-record civil-procedure constitutional-rights fifth-circuit habeas-corpus ineffective-counsel search-warrant |
Did the Chief Deputy District Clerk err in excepting the search warrant and return without a prior stamp file on its-face and then file it into the ap… |
| 22-5442 |
Powell Jones, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-24 |
Denied |
ake-v-oklahoma certificate-of-appealability civil-procedure due-process due-process-expert expert-witness fifth-circuit-appeal ineffective-assistance standing strickland-standard strickland-v-washington |
did-the-panel-of-the-fifth-circuit-err-by-deciding-the-merit-of-an-appeal-not-properly-before-the-court-to-justify-the-denial-of-a-certificate-of-appe… |
| 22-5412 |
Clifton Lee Tribble v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-22 |
Denied |
civil-rights constitutional-rights criminal-procedure due-process evidence-collection habeas-corpus judicial-review police-procedure standing witness-testimony |
Whether an increase in a defendant's authorized punishment based solely on the findings of a court, no matter how they label the fact, must be found b… |
| 22-5369 |
Milton Lee Gardner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-17 |
Denied |
confrontation confrontation-clause constitutional-error criminal-procedure due-process habeas-corpus jury-charge juvenile-adjudication juvenile-justice sentencing-enhancement |
Question not identified |
| 22-5284 |
Michael Duntae Fagans v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-04 |
Denied |
actual-innocence brady-violation constitutional-violation due-process ineffective-assistance sentencing-enhancement speedy-trial |
Whether Fagans is entitled to relief or an evidentiary hearing |
| 22-5291 |
Barton Ray Gaines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-04 |
Denied |
civil-procedure constitutional-rights due-process federal-courts habeas-corpus judicial-review reasonable-jurists recusal rule-60b-motion standard-of-review substantial-showing |
Whether GAINES made a substantial showing of the denial of a constitutional right |
| 22-5294 |
Gary Wayne Warner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-04 |
Denied |
actual-innocence civil-rights constitutional-review due-process habeas-corpus jurisdiction limitation-bar miscarriage-of-justice sentencing standing |
Does this court have jurisdiction & power to grant certiorari, excused limitation bar, correct fundamental miscarriage of justice, denial of COA by 5t… |
| 22-5236 |
George E. McFarland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-01 |
Denied |
adversarial-proceedings constructive-denial cronic-violation ineffective-assistance lineup-identification prosecutorial-awareness right-to-counsel sixth-amendment |
Whether the Sixth Amendment requires inquiry into surrounding circumstances for a constructive denial of counsel claim |
| 22-5240 |
Robert C. Del Cid v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-01 |
Denied |
civil-procedure constitutional-taint counsel-of-choice due-process equitable-tolling habeas-corpus ineffective-assistance mailbox-rule standing voir-dire |
Whether the mailbox rule entitles petitioner for equitable tolling |
| 22-94 |
Robert Alan Fratta v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-01 |
Denied |
appeals appellate-procedure certificate-of-appealability civil-procedure habeas habeas-corpus jurisdiction jurisdictional-grounds procedural-default rule-60(b) rule-60b |
Must a habeas petitioner obtain a certificate of appealability to appeal the denial of a Rule 60(b) motion on jurisdictional grounds? |
| 22-5216 |
Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-28 |
Denied |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment |
Did the trial counsel's failure to timely and adequately conduct an investigation into Salazar's known mental health issues constitute ineffective ass… |
| 22-5195 |
C. Raymond Jones, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-27 |
Denied |
actual-innocence aedpa-limitations brady-violation brady-violations due-process herrera herrera-claim house-v-bell ineffective-assistance newly-discovered-evidence schulp |
Federal & State Court Split on Newly Reliable Evidence |
| 22-5207 |
Brandon L. Cooper v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-27 |
Denied |
brady-v-maryland due-process fifth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel |
Whether the lower court's decision was based on an unreasonable application of clearly established federal law |
| 22-5100 |
Joshua Eric Townley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-13 |
Denied |
burks-v-united-states constitutional-claim criminal-procedure double-jeopardy federal-prosecution insufficient-evidence reinstatement-of-convictions state-prosecution supreme-court-precedent trial-court-reversal |
Whether there is a constitutional claim of double jeopardy, reinstatement of convictions after acquittal, when a federal or state trial court rescinds… |
| 22-5069 |
Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-12 |
Denied |
None |
|
| 22-5031 |
Thomas Sawyer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-05 |
Denied |
14th-amendment civil-rights due-process equal-protection public-services race-discrimination |
Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the government from discriminating against individuals based on their race i… |
| 21-8211 |
Richard Vincent Letizia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-23 |
Denied |
burden-of-proof civil-rights constitutional-rights criminal-procedure due-process extradition federal-appeals habeas-corpus identity-dispute |
Whether the State of Texas can grant extended bail without first meeting the burden of proving the petitioner's identity? |
| 21A856 |
Antonio Bermudez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-23 |
Presumed Complete |
None |
|
| 21-1558 |
John Curtis Dewberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Divisions |
Fifth Circuit |
2022-06-14 |
Denied |
aedpa certificate-of-appealability death-penalty district-court evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel minor-sentencing |
Whether the United States District Court For The Eastern District Of Texas erred in denying Petitioner Dewberry a Certificate of Appealability |
| 21-8119 |
Waymon J. Stepherson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-10 |
Denied |
14th-amendment 5th-amendment brady-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-against-self-incrimination self-incrimination voir-dire |
Whether the lower court erred and abused its discretion in not finding petitioner was deprived of his 5th and 14th amendment rights |
| 21A813 |
Juan Enriquez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-10 |
Presumed Complete |
None |
|
| 21A803 |
George Edward McFarland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-08 |
Presumed Complete |
None |
|
| 21-8050 |
Brad Allen Dunn v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-03 |
Denied |
civil-procedure civil-rights constitutional-law due-process equal-protection first-amendment public-university religious-freedom standing student-organization takings viewpoint-discrimination |
Whether the court erred in denying the petitioner's motion to dismiss the respondent's complaint |
| 21-1524 |
Jesus Rivera v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-03 |
Denied |
courts-of-appeals habeas-corpus judicial-review objectively-unreasonable precedent standard-of-review state-court unreasonable-manner |
What test should the Courts of Appeals employ to determine whether a state court writ of habeas corpus was decided in an objectively unreasonable mann… |
| 21-8039 |
George Munoz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-02 |
Denied |
appellate-review criminal-homicide criminal-procedure different-outcome evidence-limitation ineffective-assistance-of-counsel jury-instructions motion-for-new-trial prejudice reasonable-likelihood trial |
Whether a defendant is required to show a reasonable likelihood of a different outcome at trial to establish prejudice from ineffective assistance of … |
| 21-8024 |
Demarcus Antonio Taylor v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-01 |
Denied |
certificate-of-appealability civil-procedure constitutional-claim due-process federal-jurisdiction fifth-circuit habeas-corpus judicial-review procedural-bar standing |
Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a Certificate of Appe… |
| 21-7996 |
George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-27 |
Denied |
5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue |
Where identical charges are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double-jeopardy rule based … |
| 21A752 |
Robert Alan Fratta v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-20 |
Presumed Complete |
None |
|
| 21-7903 |
Steve Ballesteros v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-18 |
Denied |
5th-amendment appellate-review attorney-ineffectiveness constitutional-limitation due-process equal-protection federal-habeas-corpus ineffective-assistance-of-counsel post-conviction procedural-error strickland-v-washington |
Is state-appellate-court-hindering-post-collateral-proceeding-unconstitutional |
| 21-7862 |
Mark DeWayne Hallcy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-13 |
Denied |
appellate-review constitutional-rights criminal-procedure due-process habeas-corpus mootness ninth-circuit post-conviction-relief sentencing sixth-amendment |
Does the aggravated assault with deadly weapon conviction moot the petitioner's § 2254 motion seeking relief? |
| 21-7871 |
Clifton D. Harvin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-13 |
Denied |
actual-innocence aedpa aedpa-limitations certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-case law-of-the-case |
Did the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability standard? |
| 21A716 |
Brandon L. Cooper v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-13 |
Presumed Complete |
None |
|
| 21A723 |
Antonio B. Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-13 |
Presumed Complete |
None |
|
| 21-7836 |
Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-11 |
Denied |
burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel |
Was the prosecution's remarks regarding the 'conscience of the community' and 'remorse' prosecutorial misconduct, or allowable argument? |
| 21-7799 |
Sam Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-09 |
Denied |
equitable-tolling federal-review habeas-corpus irwin-v-dept-of-veterans-affairs martinez-rule martinez-v-ryan statutory-limitations statutory-tolling trevino-exception trevino-v-thaler |
Did the district court and Fifth Circuit err in refusing to equitably toll petitioner's untimely refiled §2254 habeas petition |
| 21-7741 |
David Mejia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-28 |
Denied |
civil-procedure civil-rights constitutional-violation due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance pro-se pro-se-litigant standing |
Has the Fifth Circuit erred in holding fraud on the court not a substantive constitutional violation of due process? |
| 21-7745 |
Raymond E. Lumsden v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2022-04-28 |
Denied |
administrative-law civil-rights due-process equal-protection federal-jurisdiction standing |
Whether the Fifth Circuit Court of Appeals erred in its decision |
| 21A660 |
Gary Wayne Warner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-28 |
Presumed Complete |
None |
|
| 21-7716 |
Paul Douglas Jackson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-27 |
Denied |
14th-amendment 5th-amendment actual-innocence constitutional-violation criminal-procedure due-process federal-review habeas-corpus ineffective-assistance-of-counsel judicial-process post-conviction-relief state-court-review |
Whether Welhee Jackson is entitled to relief on an evidentiary hearing where the United States Court of Appeals for the Fifth Circuit and the United S… |
| 21A632 |
Carl Wayne Buntion v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2022-04-21 |
Presumed Complete |
None |
|
| 21-7641 |
Jose Diaz Perez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-18 |
Denied |
4th-amendment constitutional-law constitutional-violation criminal-procedure due-process evidence evidence-seizure intoxication-statements search-warrant |
Did the State of Texas and the U.S. District Court improperly admit evidence obtained unconstitutionally? |