No. 18-5799

In Re Robert N. Smithback

Lower Court: N/A
Docketed: 2018-08-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (AI Summary)

Whether Smithback is being deprived of his liberty without due process of law

Question Presented (from Petition)

No question identified. : * Grounds for Granting Habeas Corpus : Smithback respectfully presents the following grounds for granting Habeas’ Corpus review, and relief: : : Ground #1. Whether Smithback is being deprived of his liberty wi 7: without due process of law, to wit: Texas did not ik have subject matter jurisdiction, persuant to the a Carmell v. Texas, 529 U.S. 513 (2000) decision, to ° : arrest, chdtge, indict; convict, and sentence him — : to fourty-five years imprisonment in the Texas Depsi . artment of Criminal Justice; . : Ground #2. Whether Smithback is being deprived of his liberty ; without due process of law,:to wit: failing to provite vide Smithback with théevtrial /bygjury, as he requested, due to the prosecuting witnesses deliberate : refusal to appear twice for said trial; ‘ Ground #3. Whether Smithback is, being deprived of hia liberty without due process of law, to wit: Texas unconstitutionally induced plea agreement ‘without: jurisdiction;.. wg OE Ground #4. Whether Texas has engaged in selective prosecution, . . to wit: prosecuting Smithback regardless of juris. diction, but ‘deliberately refusing to prosecute the ' . : suspected perportrator(s) involved in the sexual : ; assault of Smithback. Smithback does not have afiy viable copies of the trial record: Neither the Dallas County District Clerk, the Dallas County District Attorney's Office, or the 411th District Court would not allow Smithback to obtain such ... : : documents. Smithback does have one viable copy of the "State's Response to the Application for Writ of Habeas Corpus..." that Smithback offers in support of habeas corpus relief. : .

Docket Entries

2018-11-19
Rehearing DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-16
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-07-03
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Robert N. Smithback
Robert N. Smithback — Petitioner
Robert N. Smithback — Petitioner