No. 22-5284

Michael Duntae Fagans v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-08-04
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence brady-violation constitutional-violation due-process ineffective-assistance sentencing-enhancement speedy-trial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (from Petition)

1) Whether Fagans is entitled te relief
evidentiary hearing , uhere the Court of Appeals,
Fifth Circuit and the U.S. District of the
Eastern District of Texas decision conflicts
with other court(s) opinion :where Fagans Claim
of Actual Innocence accompained by a claim of
Constitutional Violation ,due to a void Indictment,
Denial of Effective Assistance in the proceedings,
Improper Enhancement in the case and No Affirmative
finding of a weapon . and his Due Process Rights
oflbhe 5th,6th and 14th Amendment , that is being
Barred from review and relief., or an

2). Whether Fagans is entitled to relief , or an
evidentiary hearing ,where Fagans claim rest
upon a Brady violation ,due to his clear and
convincing evidence present in the case as
exhibits that is being barred from review and relief.

3). Whether Fagans is entitled to relief,
evidentiary hearing , where Fagans was denied
Federal Right,due to a "Speedy Trial" that Is being barred from review and relief.or an

Question Presented (AI Summary)

Whether Fagans is entitled to relief or an evidentiary hearing

Docket Entries

2023-04-24
Rehearing DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2022-10-26
Petition for Rehearing filed.
2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2022)

Attorneys

Michael Duntae Fagans
Michael Duntae Fagans — Petitioner