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Moises Sandoval Mendoza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 12-70035 · judgment August 31, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
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Whether a federal claim is “adjudicated on the merits” in state court under 28 U.S.C. § 2254(d) so long as the state court resolves the claim on substantive grounds, even if the petitioner did not have a full and fair opportunity to litigate the claim.
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Whether the Fifth Circuit erred in denying habeas relief on petitioner’s claim that his trial lawyers provided ineffective assistance by presenting a psychologist at the capital-sentencing phase who testified that petitioner lacked a moral compass, was a danger in and out of prison, and that the traditional mitigation factors were not present.
Counsel of record
For petitioner
Jason Matthew Zarrow
O'Melveny & Myers LLP
For respondent
Lanora Christine Pettit
Office of the Texas Attorney General
Proceedings
- Oct 07 2024Petition DENIED.
- Jun 26 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 26 2024Reply of petitioner Moises Sandoval Mendoza filed. (Distributed)
- Jun 12 2024Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
- Apr 24 2024Motion to extend the time to file a response is granted and the time is further extended to and including June 12, 2024.
- Apr 23 2024Motion to extend the time to file a response from May 13, 2024 to June 12, 2024, submitted to The Clerk.
- Mar 26 2024Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2024.
- Mar 22 2024Motion to extend the time to file a response from April 12, 2024 to May 13, 2024, submitted to The Clerk.
- Mar 11 2024Petition for a writ of certiorari filed. (Response due April 12, 2024)
- Dec 01 2023Application (23A496) granted by Justice Alito extending the time to file until March 11, 2024.
- Nov 28 2023Application (23A496) to extend the time to file a petition for a writ of certiorari from February 11, 2024 to April 11, 2024, submitted to Justice Alito.