Bobby Drew Autry v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Privacy
Does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 one year statute of limitations violate the suspension clause of the U.S. Constitution?
QUESTION(S) PRESENTED (1) Does the Antiterrorism and Effective Death “Penalty Act (AEDPA) of 1996; one year statute of limitations as quoted in 28 U.S.C. § 2244 (d)( (1)(A) ".final judgment..." violate the suspension clause (Article 1, §9; clause 2) of the Uhited States Constitution by barring and/or suspending a petitioners writ of habeas corpus on procedural grounds due to writ being more than one year past the limitations period bringing ." and/or challenging: (A) . the constitutionality of the "finality of the judgment;" (B) a claim of prtor constitutional error and/or violation, which is not antecedent constitutional claims that happened prior to the plea, but rather more than three (3) years after the plea; (C) a claim of false imprisonment based on those prior constitutional denials; (D) a claim of subject-matter jurisdiction rendering said judgment void and non-enforceable; : (E) > a claim of "Breach-ef-Contract based on constitutional denials, adding un-negotiated terms and conditions to the contract after the fact and without consent, increasing the punishment beyond that which was bargained for in the original contract, and modifying the agreement and the conditions of probation without a violation of same or consent given more than three (3) years after the plea of guilty in front of a different judge? (2) Did the State trial court breach the original plea bargain agreement by increasing the punishment (Adding Jail Time) beyond that which 4 was bargained for in the original plea, and modifying the conditions of probation without violation of same or consent given to do so? (3) Did these constitutional denials, violations, and Statutory sbuse of discretion, [i]f proven true, render the plea bargain agreement contract, along with all terms and conditions, null and/or void? (4) Did the U.S. District Court render a judgment of inequity by an unfair denial of the petitioner's writ application due to barring him on Procedural grounds as being barred by the AEDPA's one year statute of limitations? . i