No. 21-7871

Clifton D. Harvin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-05-13
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa aedpa-limitations certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-case law-of-the-case
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability standard?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1). Did the the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of A Appealability standard that contravens Supreme Gourt precedent and the AEDPA itself when it denied this state prisoner a Certificate of Appealability on his motion to reopen the judgement denying federal relief and obtain merits review of his claims that his trial counsel was ineffective, the Court's bias and the State's failure to correct knowingly perjured testimony by the ineffective attorney at the::plea hearing in this case when counsel-after schoolinghis client to just answer it true that the District Attorney's office has provided us with thezgrand jury transcripts" when it was proven at thesstate evidentiary hearing on habeas that no such transcripts ever existed tobeilleégally provided in discovery in direct violation of federal and state Law that prohibits provision of the grand jury transcripts in discovery where innocence was the centrah: issue at the plea? 2). Boes the law of the case doctrine legally and constitutions ally trump the AEDPA when a clear cut error was proven on 60(b) to have taken place at the federal district court level where it was proven-and admitted by theeRespondent-that the prisoner's Actual Innocence MtGuiggin v:Perkin exception to the AEDPA’s one year statute of limitations was "overlooked" by the district court,who denied relief, and then the based: clearly ion.-the wrong encouragement to proceed further framework when the only issue before them jurisdictionally was whether a reasonable jurist could debate the correctness of the district court's procedural ruling thattwasn't made and then that Court of Appeals decision was thezbasis for the law of the case denial of a COA in the second instance pertaining to the :60(b)? 3). Does the Federal Gourt of Appeals have the authority-or jurisdiction-under the AEDPA,to decide an issue that a federal district court has overlooked or ignored by failing to address an actual innocence exception to the AEDPA one year statute of limitations and then rely on their own unauthorized decision as the law of the case doctrine in order to then deny COA on Certificate of Appealability?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2022)

Attorneys

Clifton D. Harvin
Clifton D. Harvin#1235629, Petitioner
Clifton D. Harvin#1235629, Petitioner