No. 18-5002

John Gray v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-06-28
Status: Dismissed
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights due-process habeas habeas-corpus illegal-confinement judicial-misconduct retroactivity sentence-expiration sentencing standing unlawful-confinement vindictiveness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (AI Summary)

Whether certiorari is warranted to correct disobedience by the state courts and lower federal courts if their decisions are contrary to clearly established Supreme Court law and the United States Constitution where the Petitioner was denied the federal right to due process and he has no other adequate remedy at law to challenge his ongoing illegal confinement by the Respondent after the lawful correct sentence expiration date

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Whether certiorari is warranted to correct disobedience by the state | ; courts and lower federal courts if their decisions are contrary to clearly _ established Supreme Court law and the United States Constitution where the / Petitioner was denied’the federal right to due process and he has no other . adequate remedy at law to challenge his ongoing illegal confinement by the Respondent after the lawful correct sentence expiration date of 8-9-2014 assessed by the state jury under number 481656 and TDCJ #475245. 2. Whether certiorari is warranted where there is a presumption of vindictiveness to deny the Petitioner due process and habeas relief by the lower federal courts and the state courts when the factual circumstances . indicate a "reasonable likelyhood of vindictiveness" to conceal or improperly enforce unconstitutional retroactivity of state laws to illegally confine the Petitioner past his true and correct sentence maximum expiration date which is contrary to clearly established Supreme Court law and the ; United States Constitution. ‘aD

Docket Entries

2018-11-19
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2018-10-31
Motion DISTRIBUTED for Conference of 11/16/2018.
2018-10-23
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2018-10-01
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

John Gray
John Gray — Petitioner