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John Curtis Dewberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Divisions

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-40511 · judgment February 22, 2022


Certiorari denied · October 3, 2022
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

Whether the United States District Court For The Eastern District Of Texas erred in denying Petitioner Dewberry a Certificate of Appealability when it found that Petitioner Dewberry’s ineffective assistance of counsel claims lacked merit? Whether the United States District Court For The Eastern District Of Texas erred in denying a Certificate of Appealability when it found that Petitioner Dewberry failed to satisfy the burden of persuasion for his ineffective assistance of counsel under the AEDPA? Whether the United States District Court For The Eastern District Of Texas erred in sentencing Petitioner Dewberry to death when he was a minor? Whether the United States District Court For The Eastern District Of Texas erred in denying Petitioner Dewberry an evidentiary hearing for his claims? Whether the Court of Appeals for the Fifth Circuit erred in denying Petitioner Dewberry a Certificate of Appealability when it affirmed the District Court’s recommendation?

Counsel of record

For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 27 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. May 18 2022
    Petition for a writ of certiorari filed. (Response due July 14, 2022)