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Mendoza v. Lumpkin

Certiorari Denied

Petition for certiorari denied on October 7, 2024.

Docket No.23-1004
Op. Below5th Cir.

Issue

(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.

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