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Mendoza v. Lumpkin

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-1004 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) 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; and (2) whether the U.S. Court of Appeals for the 5th 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
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.
Dec 01 2023Application (23A496) granted by Justice Alito extending the time to file until March 11, 2024.
Mar 11 2024Petition for a writ of certiorari filed. (Response due April 12, 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 26 2024Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2024.
Apr 23 2024Motion to extend the time to file a response from May 13, 2024 to June 12, 2024, submitted to The Clerk.
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.
Jun 12 2024Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Jun 26 2024DISTRIBUTED for Conference of 9/30/2024.
Jun 26 2024Reply of petitioner Moises Sandoval Mendoza filed. (Distributed)