Supreme Court Report

Supreme Court of the United States · Official docket →

Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-11233 · judgment November 18, 2020

Certiorari denied · April 26, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Should a certificate of appealability issue to determine if defense counsel was ineffective in not making an objection to the exclusion of testimony from three witnesses concerning acts of dishonesty by the child complainant on the basis that the exclusion violated Smallwood's right to compulsory process and confrontation under the Sixth and Fourteenth Amendments to the United States Constitution?

Counsel of record

For petitioner
Gary Alan Udashen
Udashen Anton

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 26 2021
    Petition DENIED.
  2. Apr 07 2021
    DISTRIBUTED for Conference of 4/23/2021.
  3. Feb 12 2021
    Petition for a writ of certiorari filed. (Response due March 24, 2021)