No. 23A38

Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-07-17
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: AEDPA-statute-of-limitations attorney-abandonment capital-punishment habeas-corpus ineffective-assistance-of-counsel rule-60b-motion
Latest Conference: N/A
Question Presented (from Petition)

Whether a Rule 60(b) motion alleging abandonment by counsel can, at least in some instances, attack a defect in the integrity of the habeas proceedings.

Question Presented (AI Summary)

Whether a Rule 60(b) motion alleging abandonment by counsel can attack a defect in the integrity of habeas proceedings and excuse compliance with AEDPA's statute of limitations when counsel fails to meaningfully represent a capital defendant's interests

Docket Entries

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

Joseph Gamboa
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner