No. 22-7515

Juan Andrade-Moreno v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-05-10
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-defense ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel sixth-amendment
Latest Conference: 2023-09-26
Question Presented (from Petition)

Constitutionalits with theUnited State Constitutional
of statute into question;?

2D Thete Conflicted into Puestion?ln Sovereisnty, Common LAw.
Bill of Rights is restricted Rebuttable Presumption?
In effective Assistance of Counsel.appointed Counsed and
QPPellate Counsel wasnot functionins asthe Counse Bualante
bY+he Sixth Amendment?

Has the Supreme Court of the United state overturned it own
PreCedentin Buck v. Dvis, 137 S.ct 759 (2ol)iTrevine V.Thalec.
33S.Ct.1911 (2013); andmactinez V.RVan.566 U.S.1(2012)where this
ourt decided that a Procedural default would not bar a Claim of
neffective assistance of trial Counsel; when Collateral Proceedins
was the first Place to challense a Conviction onthe Sround of
reffective assistance?

Jone fundamentally Defective Indictment with fourculife?
In Henck V. CoC KrelL 327 F.3d 42 9, 431 CsthCir 2003JThe CourtexPlained that
Lnder +he Antiternorismand Effective Death Penalty Act (A.E.A.P.A)
Petitroner obtain a Certificate ofaPpealability CoA,a Substantial
showins ofthe denial ofhis Constitutional risht,demonstrate
thata"reasonable Jurist would find the District Court asse
Ssment of the Constutionaldebatable or wrons.Slack V.
Mc 000,529 U.S.473,484. 120 SC+ 1595,146LEd2d 542 (2000)?

D In Clisbx V.dones, 960 F.2d 925, 936 Cilth Cir. 1992) the DistrictCourt
was in violation ofthis Court Drder tosesolveall claimforrelief
raised ina Petitionforwritofhabeas Corpus?

STATE District Court of Petitioner actual Innocence because Evidence
Conflict of interest ofalibi due Process of Law?

CoStitatinal/Y? NAFE DEFAcTO.ORDE dUR?

Question Presented (AI Summary)

Whether the Supreme Court's decision in Strickland v. Washington, 466 U.S. 668 (1984), is unconstitutional under the United States Constitution?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2023)

Attorneys

Juan Andrade-Moreno
Juan Andrade-Moreno — Petitioner