Mendoza v. Lumpkin
Petition for certiorari denied on October 7, 2024
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.
Date | Proceedings and Orders (key to color coding) |
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Nov 28 2023 | Application (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 2023 | Application (23A496) granted by Justice Alito extending the time to file until March 11, 2024. |
Mar 11 2024 | Petition for a writ of certiorari filed. (Response due April 12, 2024) |
Mar 22 2024 | Motion to extend the time to file a response from April 12, 2024 to May 13, 2024, submitted to The Clerk. |
Mar 26 2024 | Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2024. |
Apr 23 2024 | Motion to extend the time to file a response from May 13, 2024 to June 12, 2024, submitted to The Clerk. |
Apr 24 2024 | Motion to extend the time to file a response is granted and the time is further extended to and including June 12, 2024. |
Jun 12 2024 | Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed. |
Jun 26 2024 | DISTRIBUTED for Conference of 9/30/2024. |
Jun 26 2024 | Reply of petitioner Moises Sandoval Mendoza filed. (Distributed) |
Oct 07 2024 | Petition DENIED. |