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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
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel who has filed here before, and a petition filed soon after the judgment below, and down for a state or local-government respondent.
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
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Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, April 26, 2021 · Certiorari denied
Proceedings
- Apr 26 2021Petition DENIED.
- Apr 07 2021DISTRIBUTED for Conference of 4/23/2021.
- Feb 12 2021Petition for a writ of certiorari filed. (Response due March 24, 2021)