No. 21-6918

Robert Rodriguez Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-01-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fifth-circuit inmate-rights liberty-interest medical-condition medical-supervision parole parole-review tex-gov-code-508.146 texas-criminal-procedure texas-department-of-criminal-justice
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals has departed from the accepted course of judicial proceedings

Question Presented (from Petition)

QUESTIONS PRESENTED QUESTION 1 Whether the Fifth Circuit Court of Appeals has so far departed from the accepted and usual course of judicial proceedings as to call for exercise of this Court’s Rule 10 supervisory power when: 1) It failed to determine whether the State of Texas parole statutes provided a limited due process requirements related to providing inmates a limited review process in determining whether or not an inmate medical condition qualified for consideration in the State of Texas’ Medically Recommended Intensive Supervision (“MRIS”) under the requirements of requirements of Tex. Gov. Code §508.146 and Texas Department of Criminal Justice’s Policy Manuals interpreting the relevant statutes and regulations; 2) It failed to determine whether the Texas Department of Criminal Justice has denied Petitioner any information or discovery on whether his medical condition has been reviewed under the MRIS policy and whether the District Court had erred in denying Petitioner’s Motion for Discovery to determine what if any procedure had been employed under the MRIS policy and procedures; and i 3) It failed to recognize that Petitioner had provided sufficient evidence to determine that he had set forth the elements to determine that he had a limited liberty interest under the provision of this Court’s case law in such cases as Greenholtz, ii

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-21
Waiver of right of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division to respond filed.
2021-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
Robert Trevino
John E. RichardsRichards and Valdez, Petitioner
John E. RichardsRichards and Valdez, Petitioner