Demarcus Antonio Taylor v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a Certificate of Appealability?
QUESTION(S) PRESENTED | [QUESTION ONE] Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a Certificate of Appealability ? , [QUESTION TWO]: In light of the denial of COA by the Fifth Cir ~cuit Court of Appealsbased on State's procedure bar defense[d]loes this Court have jurdicial and [pJower to determine whether Thompson [GOOD LAW], such that Taylor should be procedure barred from review of his U.S. Const. Due Process claim that the evidence is insufficient to support possession of a controlled substance ? [QUESTION THREE]: In light of the mandate in Hainer v.Kemer~and the District Court denied pro se Taylor request for COA-does this Court have jurisdiction to grant certiorari, vacate, and remand this case back to the district Court-ording it to [LIBERALLY CONSTRUED] the pleadings by reviewing Tylor's complaints for substantive merit rether than for [TECHICAL PROCEDURAL COMPLIANCE] ? [QUESTION FOUR] :Whether the District Court [ABUSED ITS DISCRETION] by denying motion for relief under Rule 60(b)(6) & (d)(3) ?, If so, does this Court have jurisdiction to grant certiorari, vacate, and remand this case back to the district court-ordering a review of Taylor's insufficient of evidence claim, in light of the fact that the district court denied the Petitioner's request for COA ? B. :