ENGLE v. LUMPKIN

No. 19-40356.

33 F.4th 783 (2022)

Kirk Ross ENGLE, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED May 12, 2022.


Attorney(s) appearing for the Case

Kimberly S. Keller , Keller Stolarczyk P.L.L.C., Boerne, TX, for Petitioner-Appellant.

Kirk Ross Engle, Gatesville, TX, Pro Se.

Nathan Tadema , Office of the Attorney General, Criminal Appeals Division, Austin, TX, Sarah Miranda Harp , Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before Willett, Engelhardt, and Wilson, Circuit Judges.


In 2016, a Texas jury convicted Kirk Engle of felony aggravated assault with a deadly weapon. Engle initiated this postconviction proceeding in federal district court after unsuccessfully petitioning Texas state courts for a writ of habeas corpus. The district court rejected all of Engle's claims of trial error. Engle...

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