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Douglas Tyrone Armstrong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-40130 · judgment July 21, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Whether an incarcerated inmate’s trial counsel provided constitutionally deficient representation under the “prevailing norms” of the American Bar Association standards of professional competence, which prejudiced the inmate if all the evidence adduced at trial and in the habeas proceeding is considered, when that counsel openly admitted to failing to conduct an investigation into the inmate’s innocence prior to the inmate’s capital-murder trial.

Counsel of record

For petitioner
Michael Charles McCarthy
Maslon LLP

For respondent
Lori Brodbeck
Texas Attorney General's Office

Case

Conference history
Distributed for 1 conference

Linked docket
22A318

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Nov 29 2022
    Waiver of right of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division to respond filed.
  4. Nov 18 2022
    Petition for a writ of certiorari filed. (Response due December 22, 2022)
  5. Oct 17 2022
    Application (22A318) granted by Justice Alito extending the time to file until November 18, 2022.
  6. Oct 13 2022
    Application (22A318) to extend the time to file a petition for a writ of certiorari from October 19, 2022 to November 18, 2022, submitted to Justice Alito.