No. 23-6365

Rodney Adam Hurdsman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-12-27
Status: Denied
Type: IFP
IFP
Tags: critical-stage incarceration plea-bargain presumption-of-prejudice pretrial-period right-to-counsel sixth-amendment speedy-trial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-02-23
Question Presented (from Petition)

I. Whether the pretrial period between the time the Sixth Amendment right to counsel attaches to the start of trial is a critical stage of the proceedings, thus warranting a presumption of prejudice to the accused, when they are incarcerated and left without an attorney in the case for almost three full years during that pretrial period after being arrested pursuant to a warrant in the case.

II. Whether a plea bargain offer negotiated with the State is a critical stage of the proceedings, thus warranting a presumption of prejudice to the accused, when an attorney withdraws from a case without notice and leaves a plea offer accepted by the defendant unresolved and leaves the defendant without another attorney in the case for almost three full years thereafter.

III. Whether a defendant's failure to assert their Sixth Amendment right to a speedy trial and the three and a half year delay before the start of trial should rightfully be attributed and weighed against them in the speedy trial analysis when they are incarcerated and unrepresented by an attorney during that time period.

Question Presented (AI Summary)

whether-the-pretrial-period-is-a-critical-stage

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2023-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 26, 2024)

Attorneys

Rodney Adam Hurdsman
Rodney Adam Hurdsman — Petitioner