No. 21-5224

Julian Terence Martin, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-07-27
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. When a state court grants a motion for a competency haering, but convicts a defendant without holding one, is a defendant's due process of law denied under the 14th Amendment?

2. Is a state appellate court's unexplained decision to allow appellant's counsel to withdraw, pursuant to Anders' Brief a denial of due process, under the 14th°Amendment, when a substantive due process claim is presented in the record?

3. Does the procedural default rule operate to preclude a petitioner federal review, when a question of competency was apparent fr~
om the record?

Question Presented (AI Summary)

Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures

Docket Entries

2021-10-04
Petition DENIED.
2021-09-09
DISTRIBUTED for Conference of 9/27/2021.
2021-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2021)

Attorneys

Julian Martin
Julian Terence Martin Jr. — Petitioner