No. 20-7596

Olen Ware, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-03-29
Status: Denied
Type: IFP
IFP
Tags: amendment appellate-review certificate-of-appealability civil-procedure federal-procedure fifth-circuit habeas-corpus ineffective-assistance motion-to-amend motion-to-suppress
Latest Conference: 2021-05-27
Question Presented (from Petition)

1. Did the Fifth Circuit err in finding that jurists of reason could not have found it debatable that the district court erred by dismissing Petitioner's Petition for A Writ Of Habeas Corpus By A Person In State Custody Pursuant to 28 U.S.C. §§ 2241, 2254, with prejudice without it considering Petitioner's timely Motion to Amend His Petition pursuant to Rule 15, F.R.C.P ?

2. Did the Fifth Circuit err by not finding jurists of reason could not have found it debatable that the district court erred by upholding the Texas Court of Criminal Appeals decision that trial counsel was not ineffective?

3. Did the Fifth Circuit err by finding jurists of reason could not find it debatable that the district court erred by upholding the state intermediate court of appeals decision to affirm Petitioner's judgment and sentence with a finding that appellate counsel was not ineffective?

4. Did the Fifth Circuit err by finding jurists of reason could have not found it debatable that the district court erred by holding the Texas Court of Criminal Appeals decision that the trial court did not abuse its discretion by denying Petitioner's motion to suppress, denying his motion for a mistrial, overruling Petitioner's objections thereto, and allowing the admission of unauthenticated crime scene photos.

Question Presented (AI Summary)

Did the federal district court err in dismissing the habeas petition without considering the petitioner's motion to amend

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2021)

Attorneys

Olen Ware, II
Olen Ware II — Petitioner