No. 21-1080

Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-02-04
Status: Denied
Type: Paid
Tags: capital-murder constitutional-review extraneous-offense-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudicial-error standard-of-review strategic-decision trial-strategy
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-04-14
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether trial counsel's inadvertent act was 'strategic'

Docket Entries

2022-04-18
Petition DENIED.
2022-03-23
DISTRIBUTED for Conference of 4/14/2022.
2022-02-01
Petition for a writ of certiorari filed. (Response due March 7, 2022)

Attorneys

Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Sarah Miranda HarpTexas Attorney General, Respondent
Jacky Scott Garrett
Robert Nathan UdashenUdashen | Anton, Petitioner