No. 20-6836

Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-01-11
Status: Denied
Type: IFP
IFP
Tags: appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel
Latest Conference: 2021-03-19
Question Presented (from Petition)

Whether the Petitioner received Effective Assistance of Counsel as guaranteed by the Sixth Amendment to the United States Constitution, viz.:

a. Whether trial counsel was ineffective for failing to visit the crime scene;

b. Whether trial counsel was ineffective for failing to conduct an independent investigation;

c. Whether trial counsel was ineffective for failing to move for a pre-trial in-court identification line-up;

d. Whether trial counsel was ineffective for failing to request a directed verdict/judgment of acquittal at the close of the State's evidence-in-chief;

e. Whether trial counsel was ineffective for failing to request a New Trial based on non-identity of Petitioner;

f. Whether trial counsel was ineffective for failing to effectively cross-examine governmental witnesses;

g. Whether trial counsel was ineffective for failing to subpoena the crime scene investigator.

Whether the Petitioner received Effective Assistance of Appellate Counsel, as guaranteed by the Sixth Amendment to the United States Constitution, viz.

a. Whether the evidence was legally sufficient to support a conviction based on non-identity of Petitioner.

Question Presented (AI Summary)

Effective-Assistance-of-Counsel

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

Julian P. Gutierrez
Julian P. Gutierrez — Petitioner