No. 21-5426

Stephen C. Shockley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-08-20
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: cone-v-bell constitutional-claim constitutional-law district-court-jurisdiction due-process federal-review habeas-corpus state-habeas state-relitigation state-relitigation-bar
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (from Petition)

U.S. Const. Amend. XIV
When a federal district court refuses to hear the due-process
component of a state habeas claim because that claim was twice
presented to the State and therefore suffers a state-relitigation
bar, does the district court's refusal constitute error in light
of this Court's holding in Cone v. Bell, 566 U.S. 449 (2009)?
Does this Court's outlook change where the facts show the claim
was not relitigated in the state?

Question Presented (AI Summary)

When a federal district court refuses to hear the due-process component of a state habeas claim because that claim was twice presented to the State and therefore suffers a state-relitigation bar, does the district court's refusal constitute error in light of this Court's holding in Cone v. Bell, 566 U.S. 449 (2009)?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-09
Reply of petitioner Stephen C. Shockley filed.
Main DocumentProof of Service
2021-12-03
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Main DocumentProof of ServiceOther
2021-10-28
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2021.
2021-10-27
Motion to extend the time to file a response from November 3, 2021 to December 3, 2021, submitted to The Clerk.
Main Document
2021-10-04
Response Requested. (Due November 3, 2021)
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Casey Leigh Jackson Solomon — Office of the Attorney General of Texas, Respondent
Stephen C. Shockley
Stephen C. Shockley — Petitioner
Stephen C. Shockley, Petitioner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Nathan Tadema — Assistant Attorney General, Respondent