| 25-6811 |
Gifford Johnson, III v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2026-02-13 |
Pending |
circuit-court-split constitutional-duty ineffective-assistance newly-discovered-evidence schulp-claim sixth-amendment |
1. WHETHER THE FIFTH CIRCUIT COURT OF APPEAL'S APPLICATION
OF SCHULP'S CLAIM WAS UNREASONABLE WHEN THE NEWLY PRESENTED
EVIDENCE WAS NOT HEARD AT TRIAL… |
| 25-6722 |
Joseph James Craver v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2026-02-04 |
Pending |
constitutional-rights habeas-corpus ineffective-assistance-counsel merits-review state-proceeding unexhausted-claims |
1. Is a defendant constitutionally entitled to have his unexhausted claims heard on the merits when Defendant was not afforded counsel in the initial … |
| 25-6707 |
Elijah Dwayne Joubert v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2026-02-03 |
Pending |
capital-trial false-testimony federal-law habeas-corpus materiality-burden napue-standard |
Whether, under 28 U.S.C. § 2254(d)(1), a standard that places the burden on the petitioner to prove materiality from the State's knowing elicitation a… |
| 25-6620 |
Raymond Edward Lumsden v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2026-01-20 |
Pending |
certificate-of-appealability constitutional-rights habeas-corpus ineffective-assistance-of-counsel martinez-trevino-standard procedural-due-process |
1. In dismissing Petitioner's U.S.C. § 2254 Application, and denying a certificate of appealability, has the district court and the Fifth Circuit Cour… |
| 25-6615 |
Wesley K. Addison v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2026-01-20 |
Pending |
None |
1) Whether it violates the Sixth Amendment to deny a Speedy Trial right or Confrontation Clause right when defendant cannot be located?
2) Whether th… |
| 25-6545 |
Gregory Montgomery v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2026-01-12 |
Pending |
None |
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| 25-6504 |
Antonio J. Negron v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2026-01-07 |
Pending |
None |
Question not identified. |
| 25-732 |
Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-12-19 |
Pending |
capital-sentencing constitutional-rights expert-testimony future-dangerousness habeas-corpus ineffective-assistance |
Whether trial counsel provides constitutionally ineffective assistance of counsel at the sentencing phase of a capital trial by presenting evidence th… |
| 25-6304 |
John Henry Clemons, III v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2025-12-05 |
Pending |
constitutional-deprivation due-process first-amendment policy-implementation prisoner-rights property-interest |
1) When considering the suppression of a prisoner's First Amendment right to
freedom of expression and association by a prison policy, is it possible… |
| 25-6234 |
Edwin Riascos Romero v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-25 |
Denied |
appellate-review certificate-of-appealability constitutional-claim ineffective-assistance search-and-seizure sufficiency-of-evidence |
1. Whether the denial of a COA on Petitioner's sufficiency of the evidence challenge was proper? and
2. Whether the denial of a COA on Petitioner's i… |
| 25-6232 |
Stanley Foster Baker v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-25 |
Denied |
None |
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| 25-6210 |
Ronnie James Monroe v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-24 |
Denied |
None |
Question not identified. |
| 25-6175 |
Luis Fernando Puente v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-20 |
Denied |
appellate-counsel fifth-circuit ineffective-assistance reasonable-expectation-privacy state-law supreme-court-precedent |
1. THE FIFTH CIRCUIT AND THE U.S.D.C'S DECISION THAT A MANDATORY REQUIRED PIECE OF THE REPORTER'S RECORD THAT IS MISSING IS AN ISSUE OF STATE LAW AND … |
| 25-6143 |
Rodney James Dilworth v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-11-17 |
Denied |
appellate-review certificate-of-appealability habeas-corpus judicial-discretion procedural-default standard-of-review |
WHETHER THE COURT OF APPEALS ERRED IN DENYING PETITIONER'S REQUEST FOR A CERTIFICATE OF APPEALABILITY. |
| 25-6058 |
Raymond E. Lumsden v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2025-11-06 |
Denied |
equal-protection establishment-clause first-amendment prison-ministry religious-discrimination rluipa |
1. Does.Texas' Partnership With The 'Heart'Of Texas College
Of Ministry, A Solely Christian-Based Organization Housed
And Operated On A Texas Prison… |
| 25A477 |
Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-10-27 |
Application |
death-penalty future-dangerousness genetic-evidence ineffective-assistance sixth-amendment strickland-standard |
Whether defense counsel's introduction of genetic predisposition evidence constitutes ineffective assistance of counsel under the Sixth Amendment when… |
| 25-5888 |
Michael A. Powell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2025-10-15 |
Denied |
appellate-review civil-rights constitutional-law due-process federal-procedure judicial-jurisdiction |
1. The court has without jurisdiction to chose the file a certified legal for stitioner? And petitioner did not receive it?
2. The court violated pro… |
| 25-5842 |
Jorge Alberto Rodriguez v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-10-09 |
Rehearing |
constitutional-law criminal-appeal criminal-procedure ex-post-facto ineffective-assistance statutory-interpretation |
Question not identified. |
| 25-5706 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-09-23 |
Denied |
criminal-procedure false-testimony fifth-circuit-review habeas-corpus ineffective-assistance napue-claim |
1. Did the Fifth Circuit err in refusing to certify the Napue claim, when it failed to reach punishment-phase harm and when it conflated the question … |
| 25A305 |
Ernest Edward Gaines v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-09-17 |
Presumed Complete |
certificate-of-appealability constitutional-rights dna-testing due-process habeas-corpus post-conviction-relief |
Whether a state prisoner can obtain federal habeas relief based on alleged due process violations during post-conviction DNA testing when the testing … |
| 25M18 |
Corey Cortez v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-09-02 |
Presumed Complete |
None |
|
| 25-5272 |
Michael A. Powell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-08-05 |
Denied |
None |
Question not identified. |
| 25A101 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-07-24 |
Presumed Complete |
capital-murder eighth-amendment false-testimony habeas-corpus ineffective-assistance sixth-amendment |
Whether the Eighth Amendment and Sixth Amendment require reversal of a capital murder conviction where trial counsel provided constitutionally ineffec… |
| 25-5174 |
James Bradley Hammond v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-07-22 |
Denied |
actual-innocence certificate-of-appealability district-court federal-review habeas-corpus time-limitation |
WHTHER THE COURT OF APPEALS SHOULD HAVE ISSUED AND/OR GRANTED
A CERTIFICATE OF APPEALABILITY (C0A) FROM THE DISTRICT COURT'S
DETERMINATION THAT THE … |
| 25A66 |
Gregory Montgomery v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-07-17 |
Presumed Complete |
constitutional-claims equitable-tolling federal-review habeas-corpus prisoner-rights statute-of-limitations |
Question not identified. |
| 24-7473 |
Obel Cruz-Garcia v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-06-20 |
Denied |
capital-punishment circuit-precedent external-influence habeas-corpus jury-deliberations religious-text |
Whether a jury foreman's introduction of a religious text during capital murder trial deliberations constitutes an improper external influence warrant… |
| 24-7424 |
Wilberto Arellano v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-06-16 |
Denied |
actual-innocence constitutional-claims equitable-tolling habeas-corpus judicial-review procedural-tolling |
Whether Petitioner is Entitled to Equitable Tolling Based on His Claim of Actual Innocence |
| 24-7338 |
Justin Panus v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-05-30 |
Denied |
aedpa-review certificate-of-appealability habeas-corpus procedural-default state-court-findings substantive-claims |
Whether Petitioner was entitled to a Certificate of Appealability on multiple procedural and substantive grounds related to state court findings and A… |
| 24-7283 |
James Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-05-23 |
Denied |
certificate-of-appealability civil-rights due-process fifth-circuit habeas-corpus procedural-default |
Whether the Fifth Circuit improperly denied a Certificate of Appealability (COA) by misapplying procedural default rules and violating due process in … |
| 24-7163 |
Jose Nieves Briones v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-05-08 |
Denied |
certificate-of-appealability constitutional-claim due-diligence habeas-corpus supreme-court-jurisdiction time-bar |
Whether the Supreme Court has jurisdiction to review the denial of a certificate of appealability and whether the Court of Appeals should have issued … |
| 24A1069 |
Luis Fernando Puente v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-05-05 |
Presumed Complete |
ineffective-assistance legal-diligence pro-se-filing supreme-court-procedure time-extension writ-of-certiorari |
Whether a pro se prisoner's motion for extension of time to file a writ of certiorari should be granted when administrative errors and communication c… |
| 24-7088 |
Sam Autry Fletcher v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-29 |
Denied |
constitutional-claims evidence-standard federal-courts habeas-corpus judicial-discretion statutory-interpretation |
Does Title 28 U.S.C. §2254(e)(1) provide federal courts discretion to disregard clear and convincing evidence submitted by a state habeas petitioner t… |
| 24-7086 |
Bakari Abdul Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-29 |
Denied |
appellate-conflict constitutional-law criminal-procedure ineffective-assistance prior-conviction trial-strategy |
Whether a conflict exists among appellate courts regarding trial counsel's effectiveness when invoking Old Chief to mitigate prejudicial prior felony … |
| 24-7038 |
Cedric Allen Ricks v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-21 |
Denied |
None |
Question not identified. |
| 24-1089 |
Feanyichi E. Uvukansi v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-18 |
Denied |
burden-of-proof due-process habeas-corpus materiality-standard perjured-testimony prosecutorial-misconduct |
Whether the state courts improperly required the petitioner to prove the materiality of perjured testimony and disregarded precedent on prosecutorial … |
| 24-7015 |
Matthew Lee Flowers v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-17 |
Denied |
None |
Question not identified. |
| 24-7000 |
Avery B. Crawford v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-15 |
Denied |
certificate-of-appealability confrontation-clause due-process fifth-circuit habeas-corpus self-representation |
Whether the Fifth Circuit failed to review the Certificate of Appealability (COA) process and whether the Federal District Court improperly procedural… |
| 24A975 |
Obel Cruz-Garcia v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-11 |
Presumed Complete |
None |
Question not identified. |
| 24-6967 |
Robert Lee Crider v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-10 |
Denied |
certificate-of-appealability constitutional-claims ex-post-facto felony-conviction habitual-criminal subject-matter-jurisdiction |
Did the Fifth Circuit abuse its discretion in denying Crider's Certificate of Appealability (COA) by misunderstanding his constitutional claims and ap… |
| 24-6935 |
Billy Minh Tran v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-07 |
Denied |
aedpa-limitation constitutional-procedure court-jurisdiction judicial-fraud judicial-qualification oath-of-office |
Whether an elected judge must personally take the oath of office and sign the document in the presence of the administering officer, and if not, does … |
| 24-6929 |
Michael James Carson v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-04 |
Denied |
custodial-interrogation due-process fourteenth-amendment fourth-amendment illegal-seizure probable-cause |
Did the lower courts erroneously fail to acknowledge and apply the correct laws and facts surrounding Petitioner's custodial interrogation, and did po… |
| 24-6895 |
Herbert Lavonne Wiggins v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-03-31 |
Denied |
factual-findings judicial-review legal-standard newly-discovered-evidence procedural-defect writ-of-certiorari |
Whether courts can refuse to adjudicate the merits of a writ when newly discovered evidence is presented and fail to make proper factual findings |
| 24-6841 |
Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-03-25 |
Dismissed |
capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct |
Whether a prosecutor violates a capital defendant's Fifth Amendment right by repeatedly telling the jury that the defendant deserved no mercy for not … |
| 24A836 |
Cedric Allen Ricks v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-02-28 |
Presumed Complete |
capital-case certificate-of-appealability federal-habeas-corpus fifth-amendment fourteenth-amendment sixth-amendment |
Whether the Fifth Circuit properly denied a Certificate of Appealability in a capital habeas corpus proceeding involving alleged Fifth, Sixth, and Fou… |
| 24-6680 |
Victor Charles Rogers v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-02-28 |
Dismissed |
actual-innocence constitutional-rights constructive-denial-of-counsel dna-testing due-process habeas-corpus |
Whether a court can deny a certificate of appealability (COA) when filing actual innocence claims and whether DNA evidence showing the petitioner is n… |
| 24A775 |
Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-02-11 |
Presumed Complete |
certificate-of-appealability constitutional-rights death-row federal-review habeas-corpus section-2254 |
Whether a state court's denial of a certificate of appealability in a federal habeas corpus proceeding under 28 U.S.C. § 2254 violates a death row inm… |
| 24-6541 |
Bartholomew Granger v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-02-11 |
Denied |
abuse-of-writ criminal-procedure federal-constitutional-law habeas-corpus post-conviction-relief state-law-ground |
Whether the Texas Court of Criminal Appeals' unexplained abuse-of-writ ruling constitutes an adequate and independent state-law ground for denying pos… |
| 24-6370 |
Anthony Medina v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-23 |
Denied |
circuit-split federal-habeas habeas-corpus ineffective-assistance-of-counsel merits-review state-court-adjudication |
Whether the Fifth Circuit's interpretation of 'adjudication on the merits' under 28 U.S.C. § 2254(d) conflicts with Supreme Court precedent in Johnson… |
| 24-6355 |
Tray Dewayne Green v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-22 |
Denied |
None |
Question not identified. |
| 24-6349 |
Joshua Wiley Mitchell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-21 |
Denied |
competency-determination criminal-procedure due-process psychiatric-evaluation statutory-procedure trial-rights |
Was the trial court required to follow state statutory procedures for competency determination and does denial of a psychiatric evaluation constitute … |
| 24-6160 |
Benjamin Escobedo v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-18 |
Denied |
appeal-review constitutional-rights double-jeopardy due-process fifth-circuit ineffective-assistance |
Did the Fifth Circuit err in denying Escobedo's constitutional rights and ineffective assistance of counsel claims? |
| 24-6153 |
Donald Ray Malena v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-16 |
Denied |
None |
Question not identified. |
| 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… |
| 23-1345 |
Danny Richard Rivers v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-06-26 |
Judgment Issued |
28-usc-2244(b)(2) appellate-review circuit-split federal-habeas federal-statute gatekeeping-requirements habeas-corpus second-or-successive-habeas second-or-successive-petition seven-factor-test |
Whether § 2244(b)(2) applies to second-in-time habeas filings |