No. 19-8280

Jesus Jaime Jimenez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-04-16
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-circuit habeas-corpus jurisdiction lack-of-jurisdiction statutory-window
Key Terms:
DueProcess FourthAmendment HabeasCorpus Punishment
Latest Conference: 2020-10-16 (distributed 2 times)
Question Presented (AI Summary)

Did the Fifth Circuit err in not allowing Petitioner his rights to bring his complaint of 'Lack of Jurisdiction', under a §2254 Writ of Habeas Corpus, which affects Petitioner's substantial rights to be heard, Violating his 5th, 8th, and 14th Amendments to the U.S. Constitution

Question Presented (OCR Extract)

No question identified. : qv. QUASTTON(S) PRESENTED Mr. Jimenez (Petitioner herein) has alleged, that his trial jucige has acted outside af the statutory window, whilch was in yplace by Legislature under the Code of Sriminal Procedure 42.12 @(a), during his conviction -~ to which, the trial \ judge lost to act on such case. The Fifth Circuit and the U.S. District Court for the blestern District of Tex. San Antonio Division, have alleged that Petitioner may not collaterally challenge his burglary conviction, quoting Lackawanna Cty. Dist. Attorney v. foss 432 U.S. 394, 471-N4 (2NN1),.as its hases for denying his 7.0.8... | The case thus presents the following question(s): 1. Dict the Fifth Circuit err in not allowing Petitioner his rights to bring his complaint of ‘Lack of Jurisdiction’, under a §2254 Uirit of Habeas Corpus, tn which affects Petitioner's substantial rights ta he heard, Vinlating his Sth, 8th, and 14th Amendments to the U.S. Sonstitution 2. Whether acting [outside] the statutory window of the ©.C.P. 42.12 8(a), grants the trial court, power to hear Petitioner's case. or whether the 'Lack of Jurisdiction makes his Void -under the:statutory rule, the i. 44th Amendment to the U.S. Constitution. and Laws of these United States. Petitoner helieves, that the Fifth Circuit and the U.S. District Uourt, have misanplied this Courts ruling in Lackawanna, along with other rulings from other Courts, and Laws of these United States, to which he believes that there are agrnunds which exist, warranting review by this Honorable Court (United States Supreme Court). . oo i. :

Docket Entries

2020-10-19
Rehearing DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-07-07
Petition for Rehearing filed.
2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Jesus Jaime Jimenez
Jesus Jaime Jimenez — Petitioner
Jesus Jaime Jimenez — Petitioner