Supreme Court of the United States · Official docket →
Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-11251 · judgment April 8, 2024
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Fifth Circuit decision below, and counsel with five or more prior petitions here, and down for a state or local-government respondent.
Question presented
I. Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate of appealability (COA) to petitioner’s substantial claim of ineffective assistance of appellate counsel, which turns on a substantial Fourth Amendment claim omitted from the brief filed on petitioner’s direct appeal. II. Whether this Court should grant certiorari in order to provide guidance to, and resolve the division among, the lower federal courts concerning the proper application of the COA standard. III. Whether police officers’ execution of a search warrant at petitioner’s home in 2017 was invalid under the Fourth Amendment because the warrant application contained no information supporting an officer’s belief that petitioner’s business records created in 2012 (later offered at petitioner’s trial and also considered by the state appellate court to find sufficient evidence of petitioner’s conviction) would be inside her home in 2017.
Counsel of record
For petitioner
Brent Evan Newton
Brent E. Newton, Attorney at Law
For respondent
—
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2024Petition DENIED.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- May 24 2024Petition for a writ of certiorari filed. (Response due July 1, 2024)