No. 23-635
Steven LaWayne Nelson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Tags: 28-usc-2254 capital-murder circuit-split claim-preclusion culpability habeas-corpus ineffective-assistance-of-counsel law-of-parties relitigation-bar sentencing-procedure
Latest Conference:
2024-04-12
Question Presented (from Petition)
1. Has a claim been "adjudicated on the merits" in state court under 28 U.S.C. § 2254(d) when it consists wholly of allegations the state court never considered?
2. Does a non-killing defendant always exhibit the necessary culpability for a sentence of death when he is aware that his accomplices have severely injured a victim?
Question Presented (AI Summary)
Has a claim been 'adjudicated on the merits' in state court under 28 U.S.C. § 2254(d) when it consists wholly of allegations the state court never considered?
Docket Entries
2024-04-15
Petition DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-03-27
Reply of petitioner Steven Lawayne Nelson filed. (Distributed)
2024-03-13
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2024-01-31
Motion to extend the time to file a response is granted and the time is further extended to and including March 13, 2024.
2024-01-30
Motion to extend the time to file a response from February 12, 2024 to March 13, 2024, submitted to The Clerk.
2023-12-15
Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2024 (30-day extension).
2023-12-13
Motion to extend the time to file a response from January 12, 2024 to February 12, 2024, submitted to The Clerk.
2023-12-11
Petition for a writ of certiorari filed. (Response due January 12, 2024)
2023-11-02
Application (23A394) granted by Justice Alito extending the time to file until December 11, 2023.
2023-10-30
Application (23A394) to extend the time to file a petition for a writ of certiorari from November 9, 2023 to December 11, 2023, submitted to Justice Alito.
Attorneys
Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
William Francis Cole — Office of the Attorney General of Texas, Respondent
Aaron Lloyd Nielson — Office of the Texas Attorney General, Respondent
Steven Lawayne Nelson
Meaghan Elizabeth McLaine VerGow — O'Melveny & Myers LLP, Petitioner