Supreme Court Report

Supreme Court of the United States · Official docket →

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


Certiorari denied · April 18, 2022
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Fifth Circuit decision below, and counsel who has filed here before, and down for a state or local-government respondent.

Questions presented

  1. 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”?

  2. 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

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 18, 2022 · Certiorari denied

Proceedings

  1. Apr 18 2022
    Petition DENIED.
  2. Mar 23 2022
    DISTRIBUTED for Conference of 4/14/2022.
  3. Feb 01 2022
    Petition for a writ of certiorari filed. (Response due March 7, 2022)