No. 21-6931

Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-01-20
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error
Latest Conference: 2022-06-23 (distributed 2 times)
Question Presented (from Petition)

1. When a defendent claims their trial counsel denied them
the right to testify in a habeas corpus proceeding, can this claim
and a witness' supporting affidavit be overcome by a court apply
ing ineffective assistance of counsel jurisprudence? In other
words, did the district court error in applying ineffective assis
tance of counsel cause and prejudice to Mr. White's claim, that
previously this Court has determined to be a structural error?

2. If a structural error, how then does one substantiate a
violation of the Constitutional right to testify in a habeas
corpus proceeding, when sworn statements, in this case by Mr. White
and a witness are disregarded by the district court in lieu of
trial counsel's affidavit, without an evidentiary hearing in state or federal courts?

Question Presented (AI Summary)

Defendant's right to testify in habeas corpus proceeding

Docket Entries

2022-06-27
Rehearing DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-04-11
Petition for Rehearing filed.
2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Tom Iles White
Tom Iles White III — Petitioner