No. 22-358
Ronald Blake Fears v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Response Waived
Tags: double-deference federal-deference habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis standard-of-review state-court-review strickland-standard strickland-v-washington
Latest Conference:
2022-12-02
Question Presented (from Petition)
I. Whether 28 U.S.C. § 2254(d)(1) requires that a federal court apply "double deference" to a state court's legal conclusion that a habeas petitioner was not "prejudiced" by trial counsel's deficient performance.
II. Whether the Fifth Circuit erred by deferring to the TCCA's unreasonable legal conclusion that petitioner did not prove that he was "prejudiced" by trial counsel's deficient performance.
Question Presented (AI Summary)
Whether 28 U.S.C. § 2254(d)(1) requires that a federal court apply 'double deference' to a state court's legal conclusion that a habeas petitioner was not 'prejudiced' by trial counsel's deficient performance
Docket Entries
2022-12-05
Petition DENIED.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-10
Waiver of right of respondent Bobby Lumpkin, Director, Texas Department Of Criminal Justice, Correctional Institutions Division to respond filed.
2022-10-13
Petition for a writ of certiorari filed. (Response due November 17, 2022)
Attorneys
Bobby Lumpkin, Director, Texas Department Of Criminal Justice, Correctional Institutions Division
Judd Edward Stone II — Texas Attorney General's Office, Respondent
Ronald Fears
Randolph L. Schaffer Jr. — Petitioner