No. 18-6051

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

Lower Court: Fifth Circuit
Docketed: 2018-09-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abuse-of-discretion aedpa-limitations appeal certificate-of-appealability civil-rights constitutional-claims due-process habeas habeas-corpus habeas-review prima-facie-innocence rule-60b standing
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-03-22 (distributed 2 times)
Question Presented (AI Summary)

Did the lower court clearly err abusing its discretion applying certificate of appealability (COA) law outside Constitutional bounds

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Did the lower court clearly err abusing its discretion applying certificate of appealability ("COA") law outside Constitutional . bounds, with no clear reason. for expedited pre-response sua sponte dismissal or why claims are meritless, by. determining jurists of reason could not disagree with the resolution of constitutional . claims presented, or jurists of reason could not conclude issues presented are adequate to deserve encouragement to proceed further? 2. Considering interplay between rules, statutes and precedents of this Court, did the lower court clearly err, applying incorrect standards, allowing AEDPA limitations to trump: access to courts, habeas review and appeal, rather than addressing merits: of prima facie compelling showing of innocence, either as a free-standing . innocence claim or as a gateway to review of a first filing? : 3. Should the Court consider, or remand for consideration, habeas claims: a. Can evidence be fairly characterized as sufficient to have led ‘a ‘rational jury to find guilt beyond a-reasonable doubt? . . . i b. Does prosecution, conviction, sentencing and imprisonment for debt violate substantial constitutional rights? c. Was petitioner denied reasonable notice of the nature and cause of the accusations sufficient to defend and for jeopardy to attach? d. Did jury charge errors so infect the entire trial that the resulting convictions ; violate due process? e. Were convictions obtained through knowing use of material false and misleading testimony by the prosecution? i j | | QUESTIONS PRESENTED CONT'D . 4. Did the lower court clearly errsabusing discretion, by applying 28 U.S.C. §2253 COA requirements to Rule 60(b) motions, limiting : Rule 60 to federal, not state judgments, and without addressing : merits of motions and without docketing denials as normal appeals? f : : | i : i

Docket Entries

2019-03-25
Rehearing DENIED.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2018-11-30
Petition for Rehearing filed.
2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-16
Waiver of right of respondent Davis, Dir., TX DCJ to respond filed.
2018-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2018)
2018-03-06
Application (17A934) granted by Justice Alito extending the time to file until May 10, 2018.
2018-02-02
Application (17A934) to extend the time to file a petition for a writ of certiorari from March 11, 2018 to May 10, 2018, submitted to Justice Alito.

Attorneys

Davis, Dir., TX DCJ
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
John Phillip Bender
John Phillip Bender — Petitioner
John Phillip Bender — Petitioner