No. 21-5546

Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
IFP
Tags: conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature
Key Terms:
DueProcess
Latest Conference: 2021-10-29
Question Presented (from Petition)

Mr. Rodriguez alleged that his appointed counsel for the
offense in which he is currently incarceratedswitched sides
and worked for the prosecution for the same offense which created
a. conflict of interest for her as a prosecutor, denied him the
effective assistance of his counsel and denied him Due process.
Did the Fifth Circuit err in deferring to the state court ruling
that Mr. Rodriguez was not prejudiced by. counsel switching sides
in this offense.
Did the state court deny Mr. Rodriguez Due Process when it failed
to follow the jurisprudence of the state legislature and higher
courts .

Question Presented (AI Summary)

Whether the Fifth Circuit erred in deferring to the state court's ruling that Mr. Rodriguez was not prejudiced by his counsel switching sides in the same offense, and whether the state court denied Mr. Rodriguez due process by failing to follow the jurisprudence of the state legislature and higher courts

Docket Entries

2021-11-01
Petition DENIED.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Fernando Rodriguez
Fernando Rodriguez — Petitioner