No. 21-7996

George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-05-27
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue
Key Terms:
DueProcess FifthAmendment Punishment Privacy
Latest Conference: 2022-09-28
Question Presented (from Petition)

Where identical chargee are filed for the same alleged victim in
multiple counties, is it a violation of the 5th Amendment double
jeopardy rule based-on.the Blockburger.rule or.i'vsame elements test"?

In such a case of continuing criminal conduct spread over multiple
counties, is a District Attorney in one of those counties at liberty
to offer a plea deal for probation or otherwise representing both
counties?

When a plea offer is made for two counties by the District Attorney
is the ether county bound to the terms of the offer? in one county,

If the second county does not offer the same terms as agreed in the
is the original deal rendered involuntary ano therefore void? first ,

If an alleged victim gives glaringly inaccurate information about
sexual assault (such the genitals of the alleged perpetrator of a
"massive scar" which does not exist on the genitals as describing a
of the accused) does this call into question the validity of the
testimony of the alleged victim?

Is it acceptable for a probation oificer to use
a cost of $300 per month solely to coerce
a confession out of a
probationer who has no travel restrictions (such as avoiding
playgrounds or schools)?

GPS monitor at

Is it a violation of 5th Amendment rights when required polygraph
testing is used solely to attempt to coax a confession to pending
charges?

Is it a violation of probationer's rights when a psychological
counselor mocks and interrogates probationer aggressively in the
pursuit of a confession to the point that probationer suffers a
heart attack?

Is it ineffective assistance of counsel in violation of the 6th
Amendment when a court-appointed lawyer fails.to interview any
witnesses, refuses to subpoena medical evidence, and insists on
defendant's acceptance of an involuntary plea?

When defendant files Motion to Withdraw Plea and Motion to Replace
Counsel, is judge at liberty to refuse the. Motion to Replace Counsel ,
then allow the anwanted counsel to withdraw defendant's pro se
Motion to Withdraw Plea? Is this defiance of defendant's will clear
evidence that plea was involuntary?

Is State at liberty to withhold exculpatory medical evidence, in
this case records of alleged victim's surgery to remove a birth
defect known as a vaginal septum at Baylor Hospital in Dallas?

Is State at liberty to withhold exculpatory evidence previously
released via discovery in matching charges in another county, i. e •
handwritten letter from alleged victim indicating losing her
and "Jeramy" which was provided to police by virginity to "Brian"
mother of alleged victim,?

When probation terms have been written to allow internet access
for work purposes and what is in plain public view,
subjective wording and t heref ore . unconst f. t ut ionally vague, due to
failure to adequately give notice of which actions are prohibited.''is this
acceptable to revoke probation based on an alleged violation
which was entirely the product of technical difficulties and the
restrictive scheduling policies of a service company contracted
by the State to the exclusion of other companies offering sarnie
services without special scheduling requirements? In this case
failure to install monitoring softwareIs it
revocation was based on
c i r c ums t a nee sbe y ond the defendant's control •-Software due to
installation was by appointment cr.ly, and during scheduled appoint

Question Presented (AI Summary)

Where identical charges are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double-jeopardy rule based on the Blockburger test or same-elements test?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2022)

Attorneys

Grorge E. Purdy
George Edward Purdy — Petitioner