No. 23-323
Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Tags: abandonment aedpa gonzalez-v-crosby habeas-corpus indigent-representation ineffective-assistance-of-counsel right-to-counsel rule-60(b) second-or-successive-petition
Latest Conference:
2024-05-09
(distributed 10 times)
Question Presented (from Petition)
Whether a Rule 60(b) motion claiming that habeas counsel's abandonment prevented the consideration of a petitioner's claims should always be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005).
Question Presented (AI Summary)
Whether a Rule 60(b) motion claiming that habeas counsel's abandonment prevented the consideration of a petitioner's claims should always be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005)
Docket Entries
2024-05-13
Petition DENIED.
2024-05-06
DISTRIBUTED for Conference of 5/9/2024.
2024-04-22
Rescheduled.
2024-04-22
DISTRIBUTED for Conference of 4/26/2024.
2024-04-16
Rescheduled.
2024-04-15
DISTRIBUTED for Conference of 4/19/2024.
2024-04-10
Rescheduled.
2024-04-08
DISTRIBUTED for Conference of 4/12/2024.
2024-03-26
Rescheduled.
2024-03-25
DISTRIBUTED for Conference of 3/28/2024.
2024-03-19
Rescheduled.
2024-03-18
DISTRIBUTED for Conference of 3/22/2024.
2024-03-13
Rescheduled.
2024-03-11
DISTRIBUTED for Conference of 3/15/2024.
2024-02-29
Rescheduled.
2024-02-26
DISTRIBUTED for Conference of 3/1/2024.
2024-02-21
Rescheduled.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-02-05
Electronic record received from the U.S. District Court for the Western District of Texas.
2024-01-16
Record received from the U.S. Court of Appeals for the Fifth Circuit. The record is available on PACER.
2024-01-16
Record Requested.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Reply of petitioner Joseph Gamboa filed. (Distributed)
2023-12-20
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, in opposition filed.
2023-11-20
Motion to extend the time to file a response is granted and the time is further extended to and including December 20, 2023.
2023-11-17
Motion to extend the time to file a response from November 29, 2023 to December 20, 2023, submitted to The Clerk.
2023-10-30
Brief amici curiae of Habeas Scholars filed.
2023-10-30
Brief amicus curiae of American Bar Association filed.
2023-10-30
Brief amici curiae of Former Federal and State Prosecutors filed.
2023-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2023.
2023-10-16
Motion to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
2023-09-22
Petition for a writ of certiorari filed. (Response due October 30, 2023)
2023-07-18
Application (23A38) granted by Justice Alito extending the time to file until September 22, 2023.
2023-07-13
Application (23A38) to extend the time to file a petition for a writ of certiorari from July 24, 2023 to September 22, 2023, submitted to Justice Alito.
Attorneys
American Bar Association
Bobby Lumpkin
Ali Mustapha Nasser — Texas Office of the Attorney General, Respondent
Former Federal and State Prosecutors
Marc Morris Seltzer — Susman Godfrey L.L.P., Amicus
Habeas Scholars
James Patrick Gagen — Allen & Overy LLP, Amicus
Joseph Gamboa
Andrew Timothy Tutt — Arnold & Porter Kaye Scholer, Petitioner