| 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 |
I. XAlhtrTviudr nVxE- i jxidicTMgkiT \JtIA-S
kM -Vhv ATATL sT&oF Liflfl(UU oaK
4UgJ-S \A4lSnS. klO Pi7M6l»ALS PfO<ZZLiV^K(
ureter i\jg_P/t>££^ of L… |
| 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 |
ait Court err (abML fa .+
J to Skou> fW jurtrk fM)v\ 6ouU
\Z
nkua>A A>(Crtho^ >n mux £uk (jOCb'MX)) 6„-tU wrtUfh»l Mt ««- - I'AcludlA^ 4u wUU.
>ny 6n… |
| 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 … |
| 25-5681 |
Kerron L. Otis v. Eric Guerrero, Director, Texas Department of Criminal Justice |
Fifth Circuit |
2025-09-18 |
Denied |
None |
Question not identified. |
| 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 |
|
| 25A201 |
Michael Donell Glover v. Texas |
Texas |
2025-08-20 |
Presumed Complete |
criminal-law deadly-weapon pocketknife serious-bodily-injury statutory-interpretation texas-penal-code |
Whether a pocketknife can categorically qualify as a 'deadly weapon' under Texas law when its potential for causing serious bodily injury depends on t… |
| 25-5384 |
Christopher Kines v. Eric Guerrero, Director, Texas Department of Criminal Justice |
Fifth Circuit |
2025-08-15 |
Denied |
appellate-review constitutional-violations court-procedure evidence-standard fifth-circuit judicial-proceedings |
1. Is it the common practise of the Fifth Circuit to disregard
facts in the record and ignore evidence the court itself
agreed to consider?
2. Did … |
| 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. |
| 25A30 |
Humberto Andres Maldonado v. Eric Guerrero, Director, Texas Department of Criminal Justice |
Fifth Circuit |
2025-07-08 |
Application |
certificate-of-appealability federal-district-court habeas-corpus procedural-bar statute-of-limitations sua-sponte |
Whether a federal district court's sua sponte denial of a certificate of appealability based on the statute of limitations constitutes an abuse of dis… |
| 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 … |
| 24-6699 |
Reginald Lee Clark v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. |
Fifth Circuit |
2025-03-04 |
Denied |
constitutional-rights due-process equitable-tolling habeas-corpus ineffective-assistance-counsel state-action |
Does Equitable Tolling or the Accrual Rule apply to 28 USC §2244(d) when previously concealed material information about trial counsel's deficient per… |
| 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… |
| 24A768 |
Reginald Lee Clark v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. |
Fifth Circuit |
2025-02-07 |
Presumed Complete |
constitutional-claim due-process equitable-tolling federal-petition habeas-corpus statute-of-limitations |
Whether the statute of limitations for federal habeas corpus petitions under 28 U.S.C. § 2254 can be equitably tolled when a prisoner discovers new fa… |
| 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. |
| 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… |
| 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 … |
| 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… |
| 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? |
| 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… |
| 24-6153 |
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… |
| 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… |
| 24-5671 |
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… |
| 24-5670 |
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… |
| 24-5571 |
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… |
| 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 |
| 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… |
| 23-7037 |
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 |
| 23-7039 |
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 |
| 23-7000 |
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? |
| 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) |
| 23M73 |
Anthony Dewayne Jamerson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-13 |
Presumed Complete |
None |
|
| 23-6956 |
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? |
| 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… |
| 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 |
| 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 … |
| 23A500 |
Michael W. Bohannan v. Erica Redic, Texas Department of Justice-CID Law Library Supervisor, et al. |
Fifth Circuit |
2023-12-01 |
Presumed Complete |
civil-rights court-sanctions in-forma-pauperis prison-litigation-reform-act prisoner-litigation pro-se |
Whether a pro se prisoner's failure to strictly comply with Prison Litigation Reform Act procedural requirements warrants dismissal of a civil rights … |
| 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… |
| 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 … |
| 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… |
| 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… |
| 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 |
| 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. |
| 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 |
| 22-7463 |
Lexter Kennon Kossie v. Texas |
Texas |
2023-05-04 |
Denied |
civil-rights constitutional-violation due-process fourteenth-amendment good-conduct-time liberty-interest overdetention prisoner-rights systemic-overdetention |
Whether Texas Department of Criminal Justice (TDCI) violates the Fourteenth Amendment by confining its prisoners past the dates when they are legally … |
| 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 |
|
| 22-6781 |
Samuel Adkins v. Texas |
Texas |
2023-02-14 |
Denied |
attorney-client-relationship criminal-trial effective-assistance-of-counsel habeas-corpus ineffective-assistance pre-trial-proceedings sexual-abuse sixth-amendment trial |
Did the state court err in holding that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated? |
| 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 |
|