Supreme Court Report

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

Certiorari denied · January 18, 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, 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

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 18 2022
    Petition DENIED.
  2. Dec 29 2021
    DISTRIBUTED for Conference of 1/14/2022.
  3. Dec 16 2021
    Record received from the U.S. District Court for the Northern District of Texas. The record is electronic and contains sealed materials.
  4. Dec 07 2021
    Record received from the U.S. Court of Appeals for the Fifth Circuit. The record is available on PACER.
  5. Dec 06 2021
    Record Requested.
  6. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  7. Nov 23 2021
    Reply of petitioner James Garfield Broadnax filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  8. Nov 09 2021
    Brief of respondent Bobby Lumpkin, Director in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  9. Oct 14 2021
    Motion to extend the time to file a response is granted in part and the time is further extended to and including November 9, 2021.
  10. Oct 13 2021
    Motion to extend the time to file a response from October 25, 2021 to November 22, 2021, submitted to The Clerk.
    Main Document
  11. Sep 23 2021
    Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
    Main DocumentCertificate of Word CountProof of Service
  12. Sep 14 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
  13. Sep 13 2021
    Motion to extend the time to file a response from September 23, 2021 to October 25, 2021, submitted to The Clerk.
    Main Document
  14. Aug 20 2021
    Petition for a writ of certiorari filed. (Response due September 23, 2021)
    PetitionAppendixCertificate of Word CountProof of Service