No. 22-5100

Joshua Eric Townley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-07-13
Status: Denied
Type: IFP
IFP
Tags: burks-v-united-states constitutional-claim criminal-procedure double-jeopardy federal-prosecution insufficient-evidence reinstatement-of-convictions state-prosecution supreme-court-precedent trial-court-reversal
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Is there a constitutional claim of double jeopardy, reinstatement of convictions after acquittal, when a Federal or State trial court rescinds its granted order of new trial based on insufficient evidence on guilt?

2. Has The Supreme Court of the United States overturned its own precedent in Burks v. United States, 18 S.Ct. 2141 (1978) or Hudson v. Louisiana, 101 S.Ct. 470 (1481)? where this Court holds that if the conviction is reversed for insufficient evidence of guilt, double jeopardy bars retrial, because a finding of insufficient evidence of guilt means that the trial Court should have taken a judgment of acquittal; where this principle applies to State as well as federal prosecutors.

3. Has The Supreme Court of the United States overturned its own precedent in Buck v. Davis, 134 S.Ct. 154 (2017) allowing a United States Court of Appeals to exceed its statutory authority under 28 U.S.C. § 2283(c)(1)(A), by considering the merits of a Constitutional claim without jurisdiction, while determining the reasonable

Question Presented (AI Summary)

Whether there is a constitutional claim of double jeopardy, reinstatement of convictions after acquittal, when a federal or state trial court rescinds its granted order of new trial based on insufficient evidence on guilt?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2022)

Attorneys

Joshua Eric Townley
Joshua Eric Townley — Petitioner