No. 21-7903

Steve Ballesteros v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-05-18
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment appellate-review attorney-ineffectiveness constitutional-limitation due-process equal-protection federal-habeas-corpus ineffective-assistance-of-counsel post-conviction procedural-error strickland-v-washington
Key Terms:
DueProcess FourthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2022-09-28
Question Presented (from Petition)

1) Is it unconstitutional for state appellate courts to hinder petitioner's
post collateral proceeding by holding petition pass the 1-year federal
limitation time, due to attorney procedural error?

2) Did the Supreme Court overrule its decisions in Strickland v. Washington
Miller v. Pate, and Miller-El v. Cockrell that guarantee defendants
protection from unfair practices at trial and appeal proceedings?

3) Does the 5th, 6th and 14th Amendments of the Constitution offer equal
protection to citizens, even though those citizens are imprisoned?

Question Presented (AI Summary)

Is state-appellate-court-hindering-post-collateral-proceeding-unconstitutional

Docket Entries

2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2022)

Attorneys

Steve Ballesteros
Steve Ballesteros — Petitioner