Tracy v. Lumpkin

Summary

The Fifth Circuit held it lacked jurisdiction under the collateral-order doctrine to review the denial of a pro se motion to substitute federal habeas counsel in a capital case. The court determined that the order was not effectively unreviewable on appeal from a final judgment, as challenges to counsel substitution can be reviewed post-judgment. The appeal was dismissed for lack of appellate jurisdiction under 28 U.S.C. § 1291.

Holdings

1. The court lacks jurisdiction under the collateral-order doctrine because the order is not effectively unreviewable on appeal from a final judgment.

Questions Presented

1. Whether the court of appeals has jurisdiction under the collateral-order doctrine to review the denial of a pro se motion to substitute federal habeas counsel.

Disposition

dismissed