Buxton v. Lorie Davis-Director TDCJ-CID, No. 4:2019cv00333 - Document 18 (S.D. Tex. 2021)

Court Description: MEMORANDUM AND OPINION entered. Respondent's Motion for Summary Judgment, (Docket Entry No. 7), is GRANTED. This Court denies Buxton's petition after careful consideration of the merits of his constitutional claims. This Court denies a COA because Buxton has not made the necessary showing for issuance. Accordingly, a certificate of appealability is DENIED. (Signed by Judge Vanessa D Gilmore) Parties notified. (ClaudiaGutierrez, 4)

Download PDF
Buxton v. Lorie Davis-Director TDCJ-CID Doc. 18 United States District Court Southern District of Texas ENTERED December 06, 2021 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JUSTIN BUXTON, (TDCJ-CID #02027038) § § § § § § § § § § Petitioner, vs. BOBBY LUMPKIN, Respondent. Nathan Ochsner, Clerk CIVIL ACTION H-19-0333 MEMORANDUM AND OPINION Petitioner Justin Buxton seeks habeas corpus relief under 28 U.S.C. § 2254, challenging a conviction in the 228th Judicial District Court of Harris County, Texas. Respondent filed a motion for summary judgment, (Docket Entry No.. 7), and copies of the state court record. Respondent argues that Buxton's claim lacks merit. Buxton has filed his response, (Docket Entry No. 12).' The threshold issue is whether Respondent's motion for summary judgment should be granted. I. Background Buxton was charged with continuous sexual assault ofa child. (Docket Entry No. 6-2, Clerk's Record, p. 10). The indictment alleged that Buxton: on or about October 15, 2007 and continuing through October 15, 2012, did then and there unlawfully, during a period of time thirty or more days in duration, commit at least two acts of sexual abuse against a child younger than fourteen years of age, including an act constituting the offense of aggravated sexual assault of a child, committed against C[] T[] on or about October 15, 2007, and an act constituting the offense of aggravated sexual assault of a child, committed against C[] T[] on or about October 15, 2012, and the O:\RAO\VDG\2019\19-0333.c0l .wpd Dockets.Justia.com Defendant was at least seventeen years of age at the time of the commission ofeach ofthose acts. Id. Buxton filed a Motion to Quash alleging that it failed to provide sufficient notice, failed to follow the statutory language, failed to "allege all the essential acts necessary to constitute a violation of Section 22.021 ofthe Texas Penal Code (Aggravated Sexual Assault)," and was "so vague and indefinite" that ajudgment based on the indictment could not be used to bar a subsequent prosecution ofthe same offense. (Docket Entry No. 6-4, Clerk's Record, pp. 443-445). The motion was denied. (Id. at 446). A jury ofthe 228th Judicial District Court ofHarris County, Texas found Buxton guilty of the felony offense ofcontinuous sexual assault ofa child (Cause Number 1482081). On October 1, 2015, the jury sentenced Buxton to life imprisonment. (Docket Entry No. 6-4, p. 119). The First Court ofAppeals affrrmed the judgment on July 6, 2017. Buxton v. State, 526 S.W.3d 666, 671 (Tex. App. - Houston [1st Dist.] 2017), pet. ref'd. The Court of Criminal Appeals refused Buxton's petition for discretionary review (PDR) on December 13, 2017. Buxton v. State, PD-0886-17 (Tex. Crim. App. 2017). Buxton did not file an application for a state writ ofhabeas corpus. (Docket Entry No. 1, p. 3). On January 30, 2019, Buxton filed this federal petition with the assistance ofcounsel. Buxton contends that his conviction is void because the indictment is fatally defective in that it "fails to allege precisely how petitioner allegedly committed the acts ofaggravated sexual assault, which make up the continuous sexual abuse." (Docket Entry No. 1, Petition for Writ of Habeas Corpus, p. 6). O:\RAO\VDG\2019\19-0333.c0l.wpd 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.