No. 24-5169

Jeremy David Spielbauer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2024-07-30
Status: Denied
Type: IFP
IFP
Tags: challenges-for-cause constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection media-coverage trial-procedure use-immunity venue
Key Terms:
Securities Immigration
Latest Conference: 2024-09-30
Question Presented (from Petition)

(1) The trial court abused its discretion in denying challenges for cause to venire members Terry Freethy and Joseph Havlik; and the 7th Court of Appeals in Lubbock, Texas overturned his conviction. If the 7th court overturned his conviction and the 5th Circuit Court held up his conviction then who is right.? If Mr Snlelhai inf's legal cot moil had to use ? strikes for the ? ii trnrs Fmnthv and Havlik, that should have been stricken for cause based on the answers to the questionairs they submitted. Instead, the judge denied the request of extra strikes and made Jeremys council use the only strikes he had. With the media coverage on the case and the location of the incident Mr. pnialj^auar was already fnunri guilty in the nuhiics eyas They automatically had formed opinions about the case. So who is right the 7th court or 5th circuit?

(2) Spielbauerwas denied the effective assistance of trial counsel when, during the course of the investigation, they allowed him to submit to interviews with the investigators under the auspices of a "Use Immunity Agreement" without any understanding of the evidence possessed by the investigators. Also not giving him the correct advise on how a use immunity works and that according to the courts does not go into effect until the petioner has been indicted. His council did not make the petioner aware <jf that . Why does a i isn jmmi m'rty pave to be ahfe to be "Sed Only AFTFR an indictment? And why wasnt .Jeremey made awara of this hv his attorneys?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2024)

Attorneys

Jeremy David Spielbauer
Jeremy David Spielbauer — Petitioner