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Alan Patrick Fowler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-11142 · judgment March 2, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Could reasonable jurists disagree on whether there is insufficient evidence of specific intent to commit murder where Fowler never shot at a person, never tried to shoot at a person, never aimed the gun at a person, and never pointed the gun at a person; and the victim was not in Texas at the time?

  2. Could reasonable jurists disagree on whether Fowler received ineffective assistance of counsel where counsel did not investigate Fowler’s mental and medical history by failing to talk to his doctors and request Fowler’s medical records showing a suicide attempt just six months prior to his arrest?

  3. Could reasonable jurists disagree on whether Fowler was denied his Constitutional right to confront witnesses where Fowler was portrayed as a life-long threat by non-testifying witnesses during sentencing resulting in the maximum sentence-20 years?

Counsel of record

For petitioner
Alan Patrick Fowler

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 26 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jun 07 2023
    Petition for a writ of certiorari filed. (Response due July 13, 2023)