Supreme Court of the United States · Official docket →
James Garfield Broadnax v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-70014 · judgment February 8, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether, under 28 U.S.C. § 2254(d) and Cullen v. Pinholster, 563 U.S. 170 (2011), a federal habeas petitioner may present evidence of a prosecutor’s racially discriminatory intent in support of a Batson claim where the evidence was not available to the petitioner during state court Batson proceedings. (I)
Counsel of record
For petitioner
Steven Craig Herzog
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Judd Edward Stone II
Texas Attorney General's Office
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Order
Order list, January 18, 2022 · Certiorari denied
Proceedings
- Jan 18 2022Petition DENIED.
- Dec 29 2021DISTRIBUTED for Conference of 1/14/2022.
- Dec 16 2021Record received from the U.S. District Court for the Northern District of Texas. The record is electronic and contains sealed materials.
- Dec 07 2021Record received from the U.S. Court of Appeals for the Fifth Circuit. The record is available on PACER.
- Dec 06 2021Record Requested.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 23 2021Reply of petitioner James Garfield Broadnax filed. (Distributed)
- Nov 09 2021Brief of respondent Bobby Lumpkin, Director in opposition filed.
- Oct 14 2021Motion to extend the time to file a response is granted in part and the time is further extended to and including November 9, 2021.
- Oct 13 2021Motion to extend the time to file a response from October 25, 2021 to November 22, 2021, submitted to The Clerk.
- Sep 23 2021Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
- Sep 14 2021Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
- Sep 13 2021Motion to extend the time to file a response from September 23, 2021 to October 25, 2021, submitted to The Clerk.
- Aug 20 2021Petition for a writ of certiorari filed. (Response due September 23, 2021)