Lucio v. Lumpkin
| Docket Number | 16-70027 |
| Decision Date | 09 February 2021 |
The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner, who was convicted of capital murder for beating to death her two-year-old daughter. Petitioner argues that the state trial court denied her constitutional right to present a complete defense by excluding two expert witnesses from testifying at the guilt phase of her trial. The now-vacated panel decision concluded that petitioner fairly presented a complete-defense claim to the state courts; the state courts...
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39 cases
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United States v. Vargas-Soto
...it. That makes the sandbagging state prisoner substantially better off than the diligent one. But see Lucio v. Lumpkin , 987 F.3d 451, 474–76 (5th Cir. 2021) (en banc) (plurality op.) (emphasizing AEDPA's anti-sandbagging principle). And it contravenes Congress's judgment that prisoners can......
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United States v. Dubin
...72, 89, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977) (overruling a precedent that incentivized "sandbagging"); Lucio v. Lumpkin , 987 F.3d 451, 474–76 (5th Cir.) (en banc) (plurality opinion) (applying the anti-sandbagging principle), cert. denied , ––– U.S. ––––, 142 S. Ct. 404, 211 L.Ed.2d 216 (2......
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Crawford v. Cain
...its relitigation bar in 28 U.S.C. § 2254(d) —apply to each of Crawford's ineffectiveness arguments. See Lucio v. Lumpkin , 987 F.3d 451, 465 (5th Cir. 2021) (en banc) (plurality op.). Section 2254(d) "restores the res judicata rule" that long underpinned habeas "and then modifies it" by pro......
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Nunez v. Lumpkin
...another way, the Court must determine if Nunez can overcome AEDPA's “relitigation bar” by satisfying 28 U.S.C. § 2254(d). See Lucio v. Lumpkin, 987 F.3d 451, 465 (if a claim was adjudicated on the merits in state habeas proceedings, then the AEDPA “relitigation bar” applies and the petition......
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1 books & journal articles
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Preliminary Sections
...Overly Broad Narrative Test contains irrelevant, objectionable, inadmissible Evd 611(a) ; §424; McCormick §5; Lucio v. Lumpkin , 987 F.3d 451 (5th 2021) Non-Responsive O, 103(a) Non-Responsive Jury entitled to hear Witn respond to Ques being asked . Judge, please instruct Witn to answer Que......