Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
1. Petitioner's trial counsel accidentally opened the
door to devastating extraneous offense evidence.
Could reasonable jurists disagree with the district
court's conclusion, contrary to this Court's holdings
in Wiggins v. Smith , 539 U.S. 510 (2003), Hinton v.
Alabama , 571 U.S. 263 (2014), and Wood v. Allen ,
558 U.S. 290 (2010), that counsel's inadvertent act
was "strategic"?
2. Could reasonable jurists also disagree with the
district court's conclusion that Petitioner had not
overcome 28 U.S.C. § 2254(d)'s re-litigation bar and
shown that trial counsel's mistake was prejudicial?
Whether trial counsel's inadvertent act was 'strategic'