No. 21-5095

Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-07-13
Status: Denied
Type: IFP
Amici (2)IFP
Tags: arbitrary-exclusion civil-rights criminal-procedure due-process evidence-exclusion evidentiary-standards expert-testimony false-confession right-to-defense right-to-present-defense
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2021-10-15
Question Presented (from Petition)

1. Whether, as the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits have held, this Court's cases clearly establish a complete-defense right that can be violated by the arbitrary and disproportionate application of a general evidentiary standard when it infringes a weighty interest of the accused such as explaining why she falsely confessed, or as the Fifth Circuit held in this case, there is no clearly established federal law applicable to such a ruling.

Question Presented (AI Summary)

Whether the exclusion of defense evidence that could have cast doubt on the defendant's false confession violated the defendant's clearly established right to present a complete defense

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-28
Reply of petitioner Melissa Elizabeth Lucio filed. (Distributed)
2021-09-13
Brief of respondent Bobby Lumpkin in opposition filed.
2021-08-11
Brief amici curiae of The Innocence Project and Innocent Network filed.
2021-08-11
Brief amici curiae of Former Prosecutors, et al. filed.
2021-07-20
Motion to extend the time to file a response is granted and the time is extended to and including September 13, 2021.
2021-07-19
Motion to extend the time to file a response from August 12, 2021 to September 13, 2021, submitted to The Clerk.
2021-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2021)

Attorneys

Bobby Lumpkin
Judd Edward Stone IITexas Attorney General's Office, Respondent
Former Prosecutors, Anti-Violence Organizations, and Experts in the Field of Gender-Based Violence
Sandra L. BabcockCornell Law School, Amicus
Melissa Elizabeth Lucio
Allen Richard EllisLaw Office of A. Richard Ellis, Petitioner
The Innocence Project and Innocent Network
Benjamin GruensteinCravath, Swaine & Moore LLP, Amicus