Jamaal Howard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
1. Did the Fifth Circuit err in considering the totality of three different trials , and excusing the District Court' s erroneous conclusion regardin g the proper standard, in considering the claim that Mr. Howard receive the ineffective assistance of counsel when his attorney failed to conduct a reasonable investigation of his life history and to have a mental health evaluation conducted in light of that history ?
2. Did the Fifth Circuit err in considering the totality of three different trials and the District Court 's errone ous legal conclusion when they denied Mr. Howard' s claim that he was denied his Sixth & Fourteenth Amendment rights to effective assistance of counsel when his attorney failed to investigate Mr. Howard's psychosocial history thoroughly and failed to seek timely and relevant evaluations of the m ental condition of Mr. Howard regarding: a. his competence to stand trial and whether his waiver of Miranda rights and subsequent confession were knowing and intelligent ?
Ineffective-assistance-of-counsel