Buntion v. Lumpkin
| Carl Wayne Buntion |
| Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
| 22-70003 |
| April 18, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Habeas Corpus - Death Penalty |
Docket Report
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This docket was last retrieved on April 20, 2022. A more recent docket listing may be available from PACER.
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COURT ORDER granting Motion for leave to file a reply filed by Appellant Mr. Carl Wayne Buntion [ # 9827162-2 ] [22-70003, 22-70004] (MRW) [Entered: 04/20/2022 12:49 PM]
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APPELLEE'S BRIEF FILED E/Res's Brief deadline satisfied [22-70003, 22-70004] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70003, Mr. Bryan Collier, Mr. Dennis Crowley and Mr. Bobby Lumpkin in 22-70004. Date of service: 04/20/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70003, 22-70004] (Cara Hanna ) [Entered: 04/20/2022 12:11 PM]
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UNOPPOSED MOTION filed by Appellant Mr. Carl Wayne Buntion in 22-70003 for leave to file a reply [9827162-2] to the filed by Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70003 [ # 9826075-2 ]. Date of service: 04/20/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70003, 22-70004] (Jeffrey R. Newberry ) [Entered: 04/20/2022 10:24 AM]
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BRIEFING COMPLETE. [22-70003, 22-70004] (MRW) [Entered: 04/20/2022 01:13 PM]
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REPLY filed by Appellant Mr. Carl Wayne Buntion [9827401-1] to the Response/Opposition filed by Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70003 [ # 9826075-2 ], to the Motion for certificate of appealability filed by Appellant Mr. Carl Wayne Buntion in 22-70003 [ # 9825464-2 ]. [22-70003] (MRW) [Entered: 04/20/2022 12:52 PM]
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MANDATE ISSUED FORTHWITH. [22-70003, 22-70004] (NFD) [Entered: 04/20/2022 02:35 PM]
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PUBLISHED OPINION FILED. [22-70003 Denied 22-70004 Affirmed ] Judge: GJC , Judge: SKD , Judge: ASO; denying Motion to stay execution filed by Appellant Mr. Carl Wayne Buntion [ # 9825464-4 ] in 22-70003; denying Motion for certificate of appealability filed by Appellant Mr. Carl Wayne Buntion [ # 9825464-2 ] in 22-70003; denying Motion for oral argument filed by Appellant Mr. Carl Wayne Buntion [ # 9825464-3 ] in 22-70003 [22-70003, 22-70004] (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) (NFD) [Entered: 04/20/2022 01:16 PM]
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JUDGMENT ENTERED AND FILED. [22-70004] (NFD) [Entered: 04/20/2022 02:24 PM]
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APPELLANT'S REPLY BRIEF FILED [22-70004, 22-70003] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Carl Wayne Buntion in 22-70004. Date of service: 04/20/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70004, 22-70003] (Jeffrey R. Newberry ) [Entered: 04/20/2022 01:48 PM]
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APPEARANCE FORM received from Ms. Cara Hanna for Mr. Bryan Collier, Mr. Dennis Crowley and Mr. Bobby Lumpkin in 22-70004, Ms. Cara Hanna for Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70003 for the court's review. Lead Counsel? Yes. [22-70004, 22-70003] (Cara Hanna ) [Entered: 04/19/2022 04:54 PM]
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PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. Carl Wayne Buntion in 22-70004 [ # 9826507-2 ] Date of service: 04/19/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70004, 22-70003] (David R. Dow ) [Entered: 04/19/2022 06:31 PM]
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PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. Carl Wayne Buntion in 22-70004 [ # 9826521-2 ] Date of service: 04/19/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70004, 22-70003] (David R. Dow ) [Entered: 04/19/2022 07:02 PM]
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SUFFICIENT RECORD EXCERPTS FILED. [22-70004] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require the captionis incorrect. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. [22-70004] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Carl Wayne Buntion. Date of service: 04/19/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70004] (David R. Dow ) [Entered: 04/19/2022 02:11 PM]
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SUFFICIENT APPELLANT'S BRIEF FILED [22-70004, 22-70003] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED Additionally the Brief requires caption is incorrect. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Appellee's Brief due on 04/20/2022 for Appellees Bryan Collier, Dennis Crowley and Bobby Lumpkin [22-70004, 22-70003] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Carl Wayne Buntion in 22-70004. Date of service: 04/19/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70004, 22-70003] (David R. Dow ) [Entered: 04/19/2022 02:00 PM]
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CLERK ORDER consolidating for reasons other than briefing or oral argument purposes [22-70003] (MRW) [Entered: 04/19/2022 08:06 AM]
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RESPONSE/OPPOSITION [9826075-1] to the Motion for certificate of appealability filed by Appellant Mr. Carl Wayne Buntion in 22-70003 [ # 9825464-2 ] [22-70003, 22-70004] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70003 [9826075-1] to the filed by Appellant Mr. Carl Wayne Buntion in 22-70003 [ # 9825464-2 ], filed by Appellant Mr. Carl Wayne Buntion in 22-70003 [ # 9825464-3 ], filed by Appellant Mr. Carl Wayne Buntion in 22-70003 [ # 9825464-4 ] Date of Service: 04/19/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna. [22-70003, 22-70004] (Cara Hanna ) [Entered: 04/19/2022 10:27 AM]
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TRANSCRIPT ORDER received advising transcript unnecessary [22-70003] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellant Mr. Carl Wayne Buntion advising transcript unnecessary Date of Service: 04/18/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70003] (Jeffrey R. Newberry ) [Entered: 04/18/2022 12:57 PM]
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TRANSCRIPT ORDER received advising transcript unnecessary [22-70003] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellant Mr. Carl Wayne Buntion advising transcript unnecessary for appeal purposes. Date of Service: 04/18/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70003] (David R. Dow ) [Entered: 04/18/2022 12:39 PM]
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CJA APPOINTMENT for Attorney Mr. David R. Dow for Mr. Carl Wayne Buntion and Mr. Jeffrey R. Newberry for Mr. Carl Wayne Buntion. Counsel must use the eVoucher system to file the voucher at disposition of the case. Please see the attached document for further guidance. ORIGINATING COURT DISTRICT: STX ORIGINATING CASE NUMBER: 4:22-CV-1104 DATE OF APPOINTMENT: 04/16/2022 [22-70003] (MRW) [Entered: 04/18/2022 08:17 AM]
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INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9825303-2] Initial AA Check Due satisfied. [22-70003] (MRW) [Entered: 04/18/2022 02:30 PM]
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APPEARANCE FORM received from Ms. Cara Hanna for Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division for the court's review. Lead Counsel? Yes. [22-70003] (Cara Hanna ) [Entered: 04/18/2022 11:59 AM]
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ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No State Court Papers included? No. Electronic ROA deadline satisfied. [22-70003] (MRW) [Entered: 04/18/2022 02:49 PM]
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APPEARANCE FORM FILED by Attorney Cara Hanna for Appellee Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70003 [22-70003] (MRW) [Entered: 04/18/2022 03:51 PM]
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BRIEF IN SUPPORT filed by Appellant Mr. Carl Wayne Buntion in support of Motion for certificate of appealability [ # 9825464-2 ]. [9825478-1] [22-70003] (MRW) [Entered: 04/18/2022 03:44 PM]
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MOTION for certificate of appealability [9825464-2], to stay execution [9825464-4] set for 04/21/2022.. [22-70003] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellant Mr. Carl Wayne Buntion for certificate of appealability [9825464-2] , for oral argument [9825464-3], to stay execution [9825464-4]. Date of service: 04/18/2022 via email - Attorney for Appellants: Dow, Newberry; Attorney for Appellee: Hanna [22-70003] (David R. Dow ) [Entered: 04/18/2022 03:38 PM]
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DEATH PENALTY CASE docketed. NOA filed by Appellant Mr. Carl Wayne Buntion [22-70003] (MRW) [Entered: 04/18/2022 07:59 AM]
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ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:22-CV-1104. Electronic ROA due on 05/03/2022. [22-70003] (MRW) [Entered: 04/18/2022 02:35 PM]
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| Petitioner / appellant: Carl Wayne Buntion | |
| Represented By: | David R. Dow |
| Represented By: | Jeffrey R. Newberry |
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| Respondent / appellee: Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | |
| Represented By: | Cara Hanna |
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