Beatty v. Lumpkin
| Tracy Lane Beatty |
| Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
| 22-70010 |
| October 4, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Habeas Corpus - Death Penalty |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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CRIMINAL JUSTICE ACT 30 voucher received from Mr. Thomas Scott Smith for Mr. Tracy Lane Beatty. Timely? Yes. Counsel should allow a minimum of 30 days for processing before inquiring about payment status. [22-70010] (SS) [Entered: 11/22/2022 04:23 PM]
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PUBLISHED OPINION FILED. [22-70010 Affirmed ] Judge: PR, Judge: JWE, Judge: CH denying as moot Motion to stay execution filed by Appellant Mr. Tracy Lane Beatty [ # 9966614-2 ] [22-70010] (MRW) [Entered: 11/02/2022 10:24 AM]
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MANDATE ISSUED. [22-70010] (MRW) [Entered: 11/02/2022 10:36 AM]
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PROPOSED SUFFICIENT BRIEF filed by Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division [ # 9971944-2 ] Date of service: 11/02/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith [22-70010] (Rachel Leigh Patton ) [Entered: 11/02/2022 10:38 AM]
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SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL FILED. State Court Papers included? Yes. [22-70010] (MRW) [Entered: 11/01/2022 02:10 PM]
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APPELLANT'S REPLY BRIEF FILED Reply Brief deadline satisfied [22-70010] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Tracy Lane Beatty. Date of service: 11/01/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith [22-70010] (Jeremy Schepers ) [Entered: 11/01/2022 08:33 PM]
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REPLY filed by [9974499-1] to the Response/Opposition filed by Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70010 [ # 9971951-2 ], to the Motion to stay execution filed by Appellant Mr. Tracy Lane Beatty in 22-70010 [ # 9966614-2 ]. [22-70010] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellant Mr. Tracy Lane Beatty [9974499-1] to the filed by Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division [ # 9971951-2 ]. Date of Service: 11/01/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith. [22-70010] (Jeremy Schepers ) [Entered: 11/01/2022 08:41 PM]
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RESPONSE/OPPOSITION [9971951-1] to the Motion to stay execution filed by Appellant Mr. Tracy Lane Beatty in 22-70010 [ # 9966614-2 ] [22-70010] 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 [9971951-1] to the to stay execution filed by Appellant Mr. Tracy Lane Beatty [ # 9966614-2 ] Date of Service: 10/28/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith. [22-70010] (Rachel Leigh Patton ) [Entered: 10/28/2022 01:45 PM]
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SUFFICIENT APPELLEE'S BRIEF FILED [22-70010] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED Additionally the Brief requires some record citations are missing page references. Sufficient Brief due on 11/01/2022 for Appellee Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division. [22-70010] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied [22-70010] 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. Date of service: 10/28/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith [22-70010] (Rachel Leigh Patton ) [Entered: 10/28/2022 01:43 PM]
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APPELLANT'S BRIEF FILED A/Pet's Brief deadline satisfied [22-70010] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Tracy Lane Beatty. Date of service: 10/21/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith [22-70010] (Jeremy Schepers ) [Entered: 10/21/2022 05:06 PM]
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RECORD EXCERPTS FILED. [22-70010] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Tracy Lane Beatty. Date of service: 10/21/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith [22-70010] (Jeremy Schepers ) [Entered: 10/21/2022 05:10 PM]
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OPPOSED MOTION to stay execution [9966614-2] set for 11/09/2022.. [22-70010] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. Tracy Lane Beatty to stay execution [9966614-2]. Date of service: 10/21/2022 via email - Attorney for Appellee: Patton; Attorney for Appellants: Schepers, Smith [22-70010] (Jeremy Schepers ) [Entered: 10/21/2022 07:55 PM]
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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. [22-70010] (MRW) [Entered: 10/17/2022 09:43 AM]
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BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 10/21/2022 for Appellant Tracy Lane Beatty.. Appellee's Brief due on 10/28/2022 for Appellee Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division.. Reply Brief due on 11/01/2022 for Appellant Tracy Lane Beatty. [22-70010] (MFY) [Entered: 10/14/2022 01:43 PM]
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No COA required: Upon further review and as confirmed with Attorney Advisor, Staff Attorney and District Court's Judge Sean Jordan no COA will be required [22-70010] (MFY) [Entered: 10/14/2022 09:56 AM]
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ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:09-CV-225. Electronic ROA due on 10/31/2022. [22-70010] (MFY) [Entered: 10/14/2022 09:58 AM]
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UPDATED CASE PROCESSING NOTICE sent. [22-70010] (MFY) [Entered: 10/14/2022 09:59 AM]
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APPEARANCE FORM FILED by Attorney Jeremy Schepers for Appellant Tracy Lane Beatty in 22-70010 [22-70010] (MRW) [Entered: 10/12/2022 07:47 AM]
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CJA APPOINTMENT for Attorney Mr. Thomas Scott Smith for Mr. Tracy Lane Beatty. 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: ETX ORIGINATING CASE NUMBER: 4:09-CV-225 DATE OF APPOINTMENT: 10/12/2022 [22-70010] (MFY) [Entered: 10/12/2022 08:08 AM]
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APPEARANCE FORM FILED by Attorney Rachel Leigh Patton for Appellee Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 22-70010 [22-70010] (MRW) [Entered: 10/12/2022 11:02 AM]
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APPEARANCE FORM received from Mr. Jeremy Schepers for Mr. Tracy Lane Beatty for the court's review. Lead Counsel? Yes. [22-70010] (Jeremy Schepers ) [Entered: 10/11/2022 02:29 PM]
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APPEARANCE FORM FILED by Attorney(s) Thomas Scott Smith for party(s) Appellant Tracy Lane Beatty, in case 22-70010 [22-70010] (MRW) [Entered: 10/11/2022 02:18 PM]
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APPEARANCE FORM received from Ms. Rachel Leigh Patton for Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division for the court's review. Lead Counsel? Yes. [22-70010] (Rachel Leigh Patton ) [Entered: 10/10/2022 01:28 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [22-70010] (Thomas Scott Smith ) [Entered: 10/10/2022 03:13 PM]
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INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9954874-2] Initial AA Check Due satisfied. Awaiting DC's ruling on motion for certificate of appealability. [22-70010] (MFY) [Entered: 10/05/2022 11:53 AM]
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DEATH PENALTY CASE docketed. NOA filed by Appellant Mr. Tracy Lane Beatty [22-70010] (MFY) [Entered: 10/04/2022 08:41 AM]
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| Petitioner / appellant: Tracy Lane Beatty | |
| Represented By: | Jeremy Schepers |
| Represented By: | Thomas Scott Smith |
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| Respondent / appellee: Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | |
| Represented By: | Rachel Leigh Patton |
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