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Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-20415 · judgment December 30, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Fifth Circuit erred in denying Gary Paul Kirkman’s request for a certificate of appealability (COA) when it concluded that he had not made a substantial showing of the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(2), despite his argument that the introduction of Sexual Assault Nurse Examiner (SANE) records at his trial violated his rights under the Confrontation Clause of the Sixth Amendment? Whether the admission of the SANE records, including the amendments made to them after the doctor’s review, without the opportunity for crossexamination of the SANE or the doctor, violated Gary Paul Kirkman’s rights under the Confrontation Clause of the Sixth Amendment, as established by the Supreme Court’s precedents in Crawford v. Washington, 541 U.S. 36 (2004), Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), and Bullcoming v. New Mexico, 564 U.S. 647 (2011)?

Counsel of record

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

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A801

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jun 21 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. May 01 2023
    Petition for a writ of certiorari filed. (Response due June 5, 2023)
  4. Mar 14 2023
    Application (22A801) granted by Justice Alito extending the time to file until May 1, 2023.
  5. Mar 09 2023
    Application (22A801) to extend the time to file a petition for a writ of certiorari from March 30, 2023 to May 14, 2023, submitted to Justice Alito.