No. 23-5250

Jaleel Bertrand Franklin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-08-01
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability counsel-statements due-process jurist-standard legal-deference logical-fallacy presumption-of-correctness racial-composition racial-makeup-of-venire state-created-barrier venire-panel
Latest Conference: 2023-10-06
Question Presented (from Petition)

1 (a) Whether counsel's statements are entitled to "double
deference" or a presumption of correctness when such are
premised entirely upon a logical fallacy?
(b') And whether such is debatable amongst jurists of
reason entitling Petitioner to a Certificate of Appealability?

2 Whether it is debatable amongst jurists of reason that
the State Court's denial is entitled to deference when
Petitioner's inability to prove racial makeup of venire
panel was caused by State-created barrier?

Question Presented (AI Summary)

Whether counsel's statements are entitled to 'double deference' or a presumption of correctness when such are premised entirely upon a logical fallacy, and whether such is debatable amongst jurists of reason entitling Petitioner to a Certificate of Appealability

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)

Attorneys

Jaleel Bertrand Franklin
Jaleel Bertrand Franklin — Petitioner