Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al.
FourthAmendment HabeasCorpus CriminalProcedure
L
Whether the U.S. Court of Appeals for the Fifth
Circuit and district court applied too demanding of a
standard governing issuance of a certificate of
appealability (COA) to petitioner's substantial claim
of ineffective assistance of appellate counsel, which
turns on a substantial Fourth Amendment claim
omitted from the brief filed on petitioner's direct
appeal.
Il.
Whether this Court should grant certiorari in order
to provide guidance to, and resolve the division
among, the lower federal courts concerning the
proper application of the COA standard.
Ill.
Whether police officers' execution of a search
warrant at petitioner's home in 2017 was invalid
under the Fourth Amendment because the warrant
application contained no information supporting an
officer's belief that petitioner's business records
created in 2012 (later offered at petitioner's trial and
also considered by the state appellate court to find
sufficient evidence of petitioner's conviction) would
be inside her home in 2017.
IV.
Whether petitioner's direct appeal counsel deprived
her of the effective assistance of counsel by failing to
raise the Fourth Amendment "staleness" claim,
which was. preserved at _ petitioner's trial,
particularly in view of (1) the Texas courts' refusal,
as a matter of Texas law, to apply this Court's good-
faith exception to the Fourth Amendment
exclusionary rule to claims that a search warrant
was not supported by probable cause and (2) the fact
that the Fourth Amendment violation clearly was
not harmless beyond a reasonable doubt.
Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate of appealability (COA) to petitioner's substantial claim of ineffective assistance of appellate counsel