Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Question One:
has
Whether the 5th Circvit Court of Appeals
that is in direct
conflict
with
entered a decision
the United States Supreme
Court precedent and
in
onflict with other United States Courts of Appeal on
the Same important Matter,
Mainly
the duty
of the trial
Court to inquire
into a conflict of interest brought to its attention
motion to dismis court appointed attorney
by a timely
Filed by a
defendant,
and
also
the obligation defense attorneys
have
Upon
discovering
conflict of interest to advise the
court at once of the problem.
Question Iwo:
Whether
Due Process reqvires
Federal
courts
to review Ineffective Assistance of
Trial Counsel
claims
State
de novo,
proceedings in the
when
of Texas fail to provide
meaningful
a
Corrective
fully
process Such that those
claims
are not
and fairly
adjudi cated,
the Supreme Court
Should
exercise its eqvitable
habeas Corpus
power over
federal courts to review ineffective
to require
Assistance of Trial
claims from
counsel
Texas
de novo rather than Under
28 US.C. 2254 (d)(1).
Whether the 3rd Circuit Court of Appeals has entered a decision that is in direct conflict with United States Supreme Court precedent and in conflict with other United States Courts of Appeals on the same important matter, as mainly the duty of the trial court to inquire into conflict of interest as brought to its attention by a timely motion to dismiss court-appointed attorney, and also whether defense attorneys have a duty to advise the court of the problem