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Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-40219 · judgment November 23, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Petitioner’s trial counsel accidentally opened the door to devastating extraneous offense evidence. Could reasonable jurists disagree with the district court’s conclusion, contrary to this Court’s holdings in Wiggins v. Smith, 539 U.S. 510 (2003), Hinton v. Alabama, 571 U.S. 263 (2014), and Wood v. Allen, 558 U.S. 290 (2010), that counsel’s inadvertent act was “strategic”?
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Could reasonable jurists also disagree with the district court’s conclusion that Petitioner had not overcome 28 U.S.C. § 2254(d)’s re-litigation bar and shown that trial counsel’s mistake was prejudicial?
Counsel of record
For petitioner
Robert Nathan Udashen
Udashen | Anton
For respondent
Sarah Miranda Harp
Texas Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 18 2022Petition DENIED.
- Mar 23 2022DISTRIBUTED for Conference of 4/14/2022.
- Feb 01 2022Petition for a writ of certiorari filed. (Response due March 7, 2022)