Ronald Fay Schermerhorn, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Question not identified.
QUESTIONS PRESENTED 1) When Opinion reflects Appellate Court relies on States Findings,.and ~ Litigant has asserted, States Findings are not entitled to deference because, primarly, "Question of Statutory Law" i.e. Chap. 593 § 4.0l(a), presented at trial court have never been addressed and all proceeding courts have passed on the issue. When this Statute as utilized, applying law in an Ex Post Facto manner has Never been addressed, Should Litigant have confidence that he received a Constitutionally Full and Fair Procedure? 2) When COA is denied and Opinion reflects the Court relies only on erroneous State Findings, clearly not entitled deference, Does Court of Appeals error conducting merit analysis with only these findings, subjecting Litigant to a higher standard at the COA stage? 3) When State Prosecutor alters offense information reports date for indictment, soley for Statute Compliance, and, Trial Judge differs from Habeas Judge, who, orders affidavits for Findings, Objected to being not reflective of the record, and subject to "Confrontation Clause", and, Prosecutor withholds from "Fact Finders" (Jury), material facts, Statutory in nature and pertinent to.accused guilt or innocence of the charge; Was Litigant denied a Full and Fair Trial pursuant to United States Constitutional Norms? 4) Appellate Court issues opinion that reflects [It] did not review seperate "Brief in Support of (my) COA" by asserting issue of abandonment, contrary to brief. When a Litigant assert his review was not Full and Fair, Proving thru, the Courts own Computer records (P.A.C.E.R) that, Documents were mis~filed, and never corrected despite Litigant's pleas, Should Litigant have confidence that his =¢ASEwas Fully and Fairly Reviewed ? . i