Mullis v. Lumpkin, No. 21-70008 (5th Cir. 2022)
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Petitioner was sentenced to death. He did not appeal or pursued state habeas relief. However, he subsequently filed for a Certificate of Appealability with the Fifth Circuit on several grounds. The Fifth Circuit rejected two of the grounds based on current precedent. However, the Fifth Circuit granted the Certificate of Appealability on the following issues:
(1) Did Petitioner's state habeas counsel render inadequate assistance by conceding that Petitioner was competent to waive review?
(2) Can the court reach that conclusion based on evidence consistent with Shinn v. Martinez Ramirez, 142 S. Ct. 1718 (2022)?
(3) If Petitioner's state habeas counsel rendered inadequate assistance, was the inadequate assistance a cause external to Petitioner?
The court issued a subsequent related opinion or order on June 19, 2023.
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