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200 results for “Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division”

Case Title Lower Court Docketed Status Tags Question Presented
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?