Supreme Court of the United States · Official docket →
Robert Alan Fratta v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-70001 · judgment January 5, 2022
Certiorari denied · January 9, 2023
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Must a habeas petitioner obtain a certificate of appealability (“COA”) to appeal the denial of a Rule 60(b) motion on jurisdictional grounds?
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Does a Rule 60(b) motion constitute a successive habeas petition when the movant raises a change in procedural law that affects a prior ruling that claims were procedurally defaulted? (i)
Counsel of record
For petitioner
Stanley Joseph Panikowski III
DLA Piper LLP (US)
For respondent
Judd Edward Stone II
Texas Attorney General's Office
Proceedings
- Jan 09 2023Petition DENIED.
- Jan 09 2023Application (22A543) referred to the Court.
- Jan 09 2023Application (22A543) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied.
- Jan 03 2023Reply of applicant Robert Fratta filed.
- Dec 29 2022Response to application from respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 16 2022Application (22A543) for a stay, submitted to Justice Alito.
- Oct 28 2022Rescheduled.
- Oct 19 2022DISTRIBUTED for Conference of 11/4/2022.
- Oct 18 2022Reply of petitioner Robert Fratta filed. (Distributed)
- Sep 30 2022Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
- Aug 26 2022Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2022.
- Aug 25 2022Motion to extend the time to file a response from August 31, 2022 to September 30, 2022, submitted to The Clerk.
- Jul 28 2022Petition for a writ of certiorari filed. (Response due August 31, 2022)
- May 23 2022Application (21A752) granted by Justice Alito extending the time to file until July 28, 2022.
- May 17 2022Application (21A752) to extend the time to file a petition for a writ of certiorari from May 29, 2022 to July 28, 2022, submitted to Justice Alito.