Dan Grandberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Whether the ordinary forfeiture rule, as codified in the Federal Rules of Civil Procedure, applies to the limitations period of 28 U.S.C. § 2254(a)
QUESTION PRESENTED | | (a), Would the ordinary Forfeiture rule, as codeSied in the . Civil Rules; apply to the limitations period of THe 28 uSt. BPPAUCAIC ? i): Questions Fairly treludeld Therein? A). Waldo § 22 M41) timeliness issue. raised ‘by an appleant on Stale habeas corpus bok had been ceSsed : tebe alleged , or Was “intelligently waived, “ by the State Court, be forSeted on federal habeas corpus ’ | B). ould a. Federal Dishich Court lack subjectmatter Gurisdiction , hile Keeping uth the governing cules . ok Civil Procedure. y to take Gldicial or authoratalive, Notice of a Habeas Rule S cb) reply by the. Slale mais— ing the forfeited imitations defense Sar the first Hime, and , awhen afforted the opportunity, i+ did net develop below 2 , Cc). Then, Would a Federal Court without sub yech-maHer gurisdicton, abuse its discretion by issuing an order deny ing a federal habeas Petition, in party AS dime barred based on a Porfeited’ limilation s defense, eind would thal erdebe void 2%