No. 22-7188

Brian Douglas Rambo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-04-03
Status: Denied
Type: IFP
IFP
Tags: constitutional-interpretation constitutional-underpinnings due-process federal-courts federal-review habeas habeas-corpus no-evidence no-evidence-claim sufficiency-of-evidence
Latest Conference: 2023-06-01
Question Presented (from Petition)

Is there a conflict among the federal courts on whether Jackson vs. Virginia, sufficiency of evidence standard, abrogated Thompson v. City of Louisville, the no evidence criterion ?

A. Is there a separate and distinct legal theory between the decisions of Jackson vs. Virginia , insufficiency of evidence standard, and Thompson vs. Louisville. no evidence criterion ?

B. When a habeas petitioner complains there was no evidence to support his conviction under Thompson vs. Louisville, can the no evidence criterion, form the basis for federal habeas review?

C. When a habeas petitioner complains there was no evidence to support his conviction, and the federal district court interprets the allegation challenge to the sufficiency of the evidence, should the no evidence claim be treated as a due process violation?as a

D. Is it error for the federal district court to interpret a habeas petitioner 's evidence claim as a challenge to the sufficiency of the evidence, when a habeas petitioner alleges a no-evidence claim under Thompson vs. Louisville ?noE. Is there an apparent and fundamental difference between the constitutional underpinnings of Jackson vs. Virginia and Thompson vs. City of Louisville ?

Question Presented (AI Summary)

Is there a conflict among the federal courts on whether Jackson-vs-Virginia-sufficiency-of-evidence-standard-abrogated-Thompson-v-City-of-Louisville-no-evidence-criterion?

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2022-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2023)

Attorneys

Brian Douglas Rambo
Brian Douglas Rambo — Petitioner