No. 22-6304

Lanny Marvin Bush v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-12-14
Status: Denied
Type: IFP
IFP
Tags: brady-violation constitutional-rights custody custody-interrogation due-process ineffective-assistance-of-counsel interrogation law-enforcement-procedure right-to-counsel
Key Terms:
DueProcess
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Was petitioner "IN Custody',* when (focus of investigation) (in presence of armed Officers)behind Locked doors)fnterragated for Hours)and Told"NOT" free to Leave 1*?

2. Was the"Right to counsel Minfringed and violated when Petitioner clearly stated "I think I need a Lawyer"?

3. Was Interrogation statement freely and Vountarilly Givenw hen:(a) Threats to Arrest girlfriend and Nephew, w/o Probable cause,(b)Bribed with use of County Trek use If Petitioiner allowed Officers to search his own,(c) hostile enviromentand actions?

4. Was Petitioner denied Due Process when DNA recovered at scenec was only tested agianst Himself and not the National Data Base?

5. Did Trial court err in not granting a Mistrial when the Mention of Criminal Pash in front of the jury, TWICE" ?

6. Was Mention of Prior Criminal Past harmful and consituted reversal error?

7. Did Trial Counsel render "In-Effective assistance of Counsel when burden with Conflict of Intrest between Petitioner and States Witness?

8. D id Said Conflict arise to the level of Harmfull'Error?

9. Was Petitioner demied his Consitutional,6lh ammendment right to Confront witness. agianst him , and Compell witness in his favor by this Conflict?

10. Did Appellate counsel render effective when £he failed to includ e mentioion . -of Priors and conflict in Appellate Brief?

11'i.Did trial counsel render effective of Counsel by failing to object to the Colleteral Esstoppej when the 35th District Attorney use a Statement agianst petitionet that the Prosecutor had previously said in another Court was Illegal?

12 .Was Petitioner denied a Fair Trial by allowing the Introduction of"dilnk Science" (GPS Mapping)that was Proven unreliable and Inaccurate?

13. Was there a BRADY- ^Violation when police with held Witness satements from deefnse that would have created reasonable doubt in the Minds =;of at least one Juror?

14. Did Us district Court, and Circuit Court Err in refusing to hear and Look for Petitioners Consitution claims?

15. Was Petitioner denied his Right to Relief because Lower Courts held a Pro-Se litigant to higher standars that Petitioner didnot address his consitutional claims in exact wording /?

16. WAS THERE A Bradv Violation when Policw withheld statement of witness whom had seen and spoke to the victim days after she was reported missing, and statem,ent from Victums Boufriend who swore he talked to the victim days after she was reported mmssing.

Question Presented (AI Summary)

Was petitioner in custody when interrogated?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2023)

Attorneys

Lanny Bush
Lanny Marvin Bush — Petitioner