No. 20-5996

Jamaal Howard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-10-13
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health mental-health-evaluation miranda-rights sixth-amendment
Latest Conference: 2021-01-08
Question Presented (from Petition)

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 ?

Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-12
Brief of respondent Bobby Lumpkin in opposition filed.
2020-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2020)

Attorneys

Bobby Lumpkin
Katherine Diane HayesAttorney General of Texas, Respondent
Jamaal Howard
Donald Lee BaileyDon Bailey, Attorney at Law, Petitioner