White v. Lumpkin
Petitioner: Garcia Glenn White
Respondent: Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Case Number: 24-70005
Filed: September 24, 2024
Court: U.S. Court of Appeals, Fifth Circuit
Nature of Suit: Habeas Corpus - Death Penalty
Docket Report

This docket was last retrieved on October 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2024 Filing 67 SUPREME COURT ORDER received denying petition for writ of certiorari filed by Appellant Mr. Garcia Glenn White in 24-70005 on 10/01/2024. [67] [24-70005] (MRW) [Entered: 10/01/2024 06:55 PM]
October 1, 2024 Filing 66 SUPREME COURT ORDER received denying petition for writ of certiorari filed by Movant Mr. Garcia Glenn White in 24-20428 on 10/01/2024. [66] [24-20428] (MRW) [Entered: 10/01/2024 06:48 PM]
October 1, 2024 Filing 65 SUPREME COURT NOTICE that petition for writ of certiorari [65] was filed by Movant Mr. Garcia Glenn White on 09/30/2024. Supreme Court Number: 24-5670. [24-20428] (MRW) [Entered: 10/01/2024 03:21 PM]
October 1, 2024 Filing 64 SUPREME COURT NOTICE that petition for writ of certiorari [64] was filed by Appellant Mr. Garcia Glenn White on 09/30/2024. Supreme Court Number: 24-5671. [24-70005] (MRW) [Entered: 10/01/2024 03:19 PM]
September 29, 2024 Filing 62 MANDATE ISSUED. [24-20428, 24-20435] (MFY) [Entered: 09/30/2024 10:07 AM]
September 29, 2024 Filing 61 UNPUBLISHED OPINION FILED. [24-20428 Affirmed 24-20435 Affirmed ] Judge: JWE , Judge: DRW , Judge: JCH (Panel involvement data updated for cases: 24-20428); denying Motion to file successive petition filed by Movant Mr. Garcia Glenn White [ # 10444117-2 ] in 24-20428; denying Motion to stay execution filed by Movant Mr. Garcia Glenn White [ # 10444117-3 ] in 24-20428, denying Motion to stay execution [ # 25 ] in 24-20428; denying Motion to file brief in excess of word count filed by Respondent Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division [ # 39 ] in 24-20428; denying Motion to withdraw document filed by Respondent Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division [ # 43 ] in 24-20428; denying Motion to supplement the record on appeal [ # 47 ] in 24-20428 [24-20428, 24-20435 (ALSO FILED IN 24-70005)] (MFY) [Entered: 09/30/2024 09:43 AM]
September 29, 2024 Filing 60 JUDGMENT ENTERED AND FILED. [24-70005] (MFY) [Entered: 09/29/2024 04:26 PM]
September 29, 2024 Filing 59 UNPUBLISHED OPINION FILED. [24-70005 Affirmed ] Judge: JWE , Judge: DRW , Judge: JCH Mandate issue date is 10/21/2024; denying Motion to stay execution filed by Appellant Mr. Garcia Glenn White [ # 25 ]; denying Motion to file brief in excess of word count filed by Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division [ # 39 ]; denying Motion to withdraw document filed by Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division [ # 43 ]; denying Motion to supplement the record on appeal filed by Appellant Mr. Garcia Glenn White [ # 47 ] (ALSO FILED IN 24-20428 AND 24-20435) [24-70005] (MFY) [Entered: 09/29/2024 04:04 PM]
September 27, 2024 Filing 52 APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied [24-70005, 24-20428] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Garcia Glenn White in 24-70005. Date of service: 09/27/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Appellee: Clendenin; Attorney for Appellants: Coltharp, Freiman, Schardl [24-70005, 24-20428] (Tivon Schardl ) [Entered: 09/27/2024 05:35 PM]
September 27, 2024 Filing 49 SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL FILED. State Court Papers included? No. Admitted Exhibits are on File in District Court? No. Video/Audio Exhibits on file in District Court? No. [24-70005] (DDL) [Entered: 09/27/2024 04:48 PM]
September 27, 2024 Filing 48 LETTER filed advising the court that no reply will be filed to the response to the motion to file successive petition. Response/Opposition filed by Respondent Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 24-20428, 24-70005 [ # 36 ], Motion to file successive petition filed by Movant Mr. Garcia Glenn White in 24-20428 [ # 10444117-2 ]. [24-20428, 24-70005] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Movant Mr. Garcia Glenn White in 24-20428 Letter response to OAG response to Motion to Allow Subsequent Writ. Date of Service: 09/27/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Respondent: Clendenin; Attorney for Appellants: Coltharp, Freiman, Schardl [24-20428, 24-70005] (Patrick F. McCann ) [Entered: 09/27/2024 04:21 PM]
September 27, 2024 Filing 47 OPPOSED MOTION filed by Appellant Mr. Garcia Glenn White in 24-70005 to supplement the record on appeal with Witness declarations and counsel billing records [47]. Date of service: 09/27/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Appellee: Clendenin; Attorney for Appellants: Coltharp, Freiman, Schardl [24-70005, 24-20428] (Tivon Schardl ) [Entered: 09/27/2024 04:10 PM]
September 27, 2024 Filing 43 UNOPPOSED MOTION to withdraw the Motion to file brief in excess of word count [ # 39 ] [43]. [24-20428, 24-70005] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondent Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 24-20428, Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 24-70005 to withdraw the motion to file response in excess of word count [ # 39 ] [43]. Date of service: 09/27/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Respondent: Clendenin; Attorney for Appellants: Coltharp, Freiman, Schardl [24-20428, 24-70005] (Jefferson David Clendenin ) [Entered: 09/27/2024 01:06 PM]
September 27, 2024 Filing 39 UNOPPOSED MOTION filed by Respondent Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 24-20428, Appellee Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 24-70005 [39]. Date of service: 09/27/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Respondent: Clendenin; Attorney for Appellants: Coltharp, Freiman, Schardl [24-20428, 24-70005] (Jefferson David Clendenin ) [Entered: 09/27/2024 08:43 AM]
September 26, 2024 Filing 37 APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied [24-70005, 24-20428] 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 24-70005, 24-20428. Date of service: 09/26/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Appellee: Clendenin; Attorney for Appellants: Coltharp, Freiman, Schardl [24-70005, 24-20428] (Jefferson David Clendenin ) [Entered: 09/26/2024 02:34 PM]
September 26, 2024 Filing 36 RESPONSE/OPPOSITION [36] to the Court Order Court directive requesting a response [ # 10444224-2 ]Response/Opposition deadline satisfied. [24-20428, 24-70005] 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 24-20428, 24-70005 [36] to the filed by Movant Mr. Garcia Glenn White in 24-20428 [ # 10444117-2 ], filed by Movant Mr. Garcia Glenn White in 24-20428 [ # 10444117-3 ], filed by Appellant Mr. Garcia Glenn White in 24-70005 [ # 25 ] Date of Service: 09/26/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Respondent: Clendenin; Attorney for Appellants: Coltharp, Freiman, Schardl. [24-20428, 24-70005] (Jefferson David Clendenin ) [Entered: 09/26/2024 02:27 PM]
September 26, 2024 Filing 34 APPEARANCE FORM FILED by Attorney(s) Joshua Aaron Freiman for party(s) Appellant Garcia Glenn White, in case 24-70005 [24-70005] (MFY) [Entered: 09/26/2024 11:44 AM]
September 26, 2024 Filing 33 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-70005, 24-20428] (Joshua Aaron Freiman ) [Entered: 09/26/2024 09:42 AM]
September 25, 2024 Filing 32 APPEARANCE FORM received from Mr. Jefferson David Clendenin for Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 24-20428 for the court's review. Lead Counsel? Yes. [24-20428, 24-70005] (Jefferson David Clendenin ) [Entered: 09/25/2024 01:59 PM]
September 25, 2024 Filing 27 APPEARANCE FORM FILED by Attorney(s) Donna F. Coltharp for party(s) Appellant Garcia Glenn White, in case 24-70005 [24-70005, 24-20428] (MFY) [Entered: 09/25/2024 10:23 AM]
September 25, 2024 Filing 26 EXHIBITS IN SUPPORT of Motion to stay execution [ # 25 ] Date of Service: 09/25/2024 [24-70005, 24-20428] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPENDIX FILED by Appellant Mr. Garcia Glenn White in 24-70005 Date of Service: 09/25/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Appellee: Clendenin; Attorney for Appellant: Schardl [24-70005, 24-20428] (Tivon Schardl ) [Entered: 09/25/2024 09:41 AM]
September 25, 2024 Filing 25 OPPOSED MOTION to stay execution [25] set for 10/01/2024.. Date of service: 09/25/2024 [24-70005, 24-20428] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. Garcia Glenn White in 24-70005 to stay execution [25]. Date of service: 09/25/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Appellee: Clendenin; Attorney for Appellant: Schardl [24-70005, 24-20428] (Tivon Schardl ) [Entered: 09/25/2024 09:37 AM]
September 25, 2024 Filing 24 CLERK ORDER consolidating cases 24-70005 and 24-20428 for briefing purposes [24-70005, 24-20428] (MFY) [Entered: 09/25/2024 09:32 AM]
September 25, 2024 Filing 23 RECORD EXCERPTS FILED. # of Copies Provided: 0 [24-70005, 24-20428] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Garcia Glenn White in 24-70005. Date of service: 09/25/2024 via email - Attorney for Movants: Bella, McCann; Attorney for Appellee: Clendenin; Attorney for Appellant: Schardl [24-70005, 24-20428] (Tivon Schardl ) [Entered: 09/25/2024 09:29 AM]
September 25, 2024 Filing 22 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied [24-70005] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Garcia Glenn White. Date of service: 09/25/2024 via email - Attorney for Appellee: Clendenin; Attorney for Appellant: Schardl [24-70005] (Tivon Schardl ) [Entered: 09/25/2024 09:25 AM]
September 25, 2024 Filing 20 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-70005] (Donna F. Coltharp ) [Entered: 09/25/2024 03:18 AM]
September 24, 2024 Filing 19 BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief and any motions are Due on 09/25/2024 by 10:00 AM for Appellant Garcia Glenn White.. Appellee's Brief due on 09/26/2024 by 5:00 PM for Appellee Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division.. Reply Brief due on 09/27/2024 by 5:00 PM for Appellant Garcia Glenn White. [24-70005] (MFY) [Entered: 09/24/2024 05:28 PM]
September 24, 2024 Filing 17 APPEARANCE FORM FILED by Attorney Tivon Schardl for Appellant Garcia Glenn White in 24-70005 [24-70005] (MFY) [Entered: 09/24/2024 02:31 PM]
September 24, 2024 Filing 15 APPEARANCE FORM FILED by Attorney Jefferson David Clendenin for Appellee Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 24-70005 [24-70005] (MFY) [Entered: 09/24/2024 02:27 PM]
September 24, 2024 Filing 14 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 11/04/2024 for Appellant Garcia Glenn White. [24-70005] (DDL) [Entered: 09/24/2024 01:59 PM]
September 24, 2024 Filing 13 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? Yes. Electronic ROA deadline satisfied. [24-70005] (DDL) [Entered: 09/24/2024 01:55 PM]
September 24, 2024 Filing 12 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-70005] (Tivon Schardl ) [Entered: 09/24/2024 01:41 PM]
September 24, 2024 Filing 11 APPEARANCE FORM received from Mr. Jefferson David Clendenin for Mr. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division for the court's review. Lead Counsel? Yes. [24-70005] (Jefferson David Clendenin ) [Entered: 09/24/2024 01:02 PM]
September 24, 2024 Filing 10 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:02-CV-1805. Electronic ROA due on 09/24/2024. [24-70005] (MFY) [Entered: 09/24/2024 11:57 AM]
September 24, 2024 Filing 9 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9] Initial AA Check Due satisfied. [24-70005] (MFY) [Entered: 09/24/2024 11:55 AM]
September 24, 2024 Filing 7 LETTER OF ADVISEMENT. Reason: advising counsel to notify clerk's office of any future filings due to imminent execution date of 10/1/24. [24-70005] (MFY) [Entered: 09/24/2024 09:45 AM]
September 24, 2024 Filing 1 DEATH PENALTY CASE docketed. NOA filed by Appellant Mr. Garcia Glenn White [24-70005] (MFY) [Entered: 09/24/2024 09:27 AM]

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Respondent: Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Represented By: Jefferson David Clendenin
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Petitioner: Garcia Glenn White
Represented By: Joshua Aaron Freiman
Represented By: Donna F. Coltharp
Represented By: Tivon Schardl
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