No. 23-6108

Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-11-27
Status: Denied
Type: IFP
IFP
Tags: compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure
Key Terms:
DueProcess
Latest Conference: 2024-02-16
Question Presented (from Petition)

Whether or not State violates an accused persons Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, Without Written Order, on Findings of Trial Court there the trial Court did not even docket, or hold a hearing to find No Findings of facts, yet deferred to Seventh Court of Appeals of Texas in Amarillo, Chosen return Committed that their Court Jurisdiction of Plenary Power has ran out: Thereby having No Actual Subject Matter Jurisdiction?

a defense often is protected by both the 15. Amendment right to Compulsory Process and Due Process Clause of the Fourteenth Amendment were Violated by the prosecutor misconduct, by threatening Defense witnesses; after Admonishment by trial Court Judge both jail time, probation Violation, Revocation and future Indictment by a Grand Jury of Witnesses Proceeded to want to willingly Testify in and on Defense's behalf?

3) Whether or not, Trial appointed Counsel was ineffective assistance of a 6th Amendment Right violation for failure to Object to prosecutors Misconduct of threatening the witnesses he Actually Subpoened himself?

4) Are an Accused Constitutional Right to testify or Not, Per trial Counsel's Decision, and accused Constitutional Right to Effective Assistance of Counsel Violated When Counsel purposely Deceives his Client thea Misrepresentation of the law, and withholds evidence from his Client (i.e. Child protective Service report in reference Member) 6b254 £95 even pertinent to an Intelligent Strategic Decision on Whether or not to testify, notwithstanding his Clients admonishment of his rights?

5) Are or wrongly accused Constitutional Right to have Effective Assistance of Counsel Violated when he fails to make an adequate investigation into the Case and makes bad decisions, due to have Experts to rebut the states Expert Witnesses, When Counsel is not well versed in the Technical Subject Matter, then instead relies Solely Upon the States Limited, tainted Investigations?

Question Presented (AI Summary)

Whether or not State violates an accused person's Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, without written order, on 'Findings of Trial Court' that the trial court did not even docket, or hold a hearing to find no findings of facts, yet deferred to Seventh Court of Appeals of Texas in Amarillo, who in return committed that their 'Court Jurisdiction of Plenary Power has run out: Thereby having No Actual Subject Matter Jurisdiction?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2023-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2023)
2023-10-18
Application (23A353) granted by Justice Alito extending the time to file until December 18, 2023.
2023-09-14
Application (23A353) to extend the time to file a petition for a writ of certiorari from October 18, 2023 to December 17, 2023, submitted to Justice Alito.

Attorneys

Bryan S. Cavett
Bryan Scott Cavett — Petitioner