Hilario Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Whether a federal court failed to hold an evidentiary hearing on habeas corpus if, among other factors, the petitioner was unable to develop the factual basis for the claim in state court, bar an evidentiary hearing in the district court on the question of actual innocence, dismissed as time-barred
QUESTION(S) PRESENTED 1. WHETHER A FEDERAL COURT FAILED TO HAMALD AN EVIDENTIARY HEARING ON HABEAS CORPUS IF,AMONG OTHER FACTORS,TO ; DEVELOP THE FACTUAL BASIS FOR THE CLAIM IN STATE COURT (OR SUFFICIENTLY ATTEMPTED TO DO SO),IF EFFORT TO DISCOVER THE FACTS WOULD HAVE BEEN IN VAIN,BAR AN EVIDENTIARY HEARING IN THE DISTRICT COURT ON THE ; QUESTION OF ACTUAL INNOCENCE,DISMISSED AS TIME-~BARRED UNDER 286 (e)(2)(A) (i), AND 28 2, WHETHER A FEDERAL COURT FAILED TO HOLD AN EVIDENTIARY HEARING ON HABEAS CORPUS IF,AMGNG OTHER FACTORS,PETITIONER DEVELOP THE FACTUAL BASIS FOR THE CLAIM IN STATE COURT (OR SUFFICIENTLY ATTEMPTED TO DN SO),BAR AN EVIDENTEARY HEARING IN DISTRICT COURT ON THE QUESTION OF ACTUAL | INNOCENCE IN CONNECTION WITH HIS MURDER CONVICTION : UNDER 28 U.5.0.§2254(e)(2) (A) (ii) and (B) 3. WHETHER A FEDERAL COURT FAILED TO HOLD AN EVIDENTIARY HEAERING ON HABEAS CORPUS IF,AMONG OTHER FACTORS, PETITIONER DEVELOP THE FACTUAL BASIS FOR THE CLAIM IN STATE COURT (OR SUFFICIENTLY ATTEMPTED TO DO SO),BAR AN EVIDENTIARY HEARING IN DISTRICT COURT ON THE QUESTION OF INVOLUNTARILY AND UNINTELLIGENTLY WAIVED HIS RIGHTS AND ENTERED INTO A STIPULATION IN CONNECTION WITH HIS GUILTY PLEA,IN THAT HE WAS NEVER INFORMED OF THE FACT THAT HE COULD SE TRANSFERED TO THE AUTHORITY AND JURISDICTION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE CORRECTIONAL INSTITUTIONAL DIVISION?/OR IT'S BOARD OF PARDONS AND PAROLES WITHOUT A HEARING WITH AN ATTORNEY PRESENT TO REPRESENT HIM AT THE HEARING UNDER 28 (ii), (B) i . 4 OT .