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