No. 21-8024

Demarcus Antonio Taylor v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-06-01
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability civil-procedure constitutional-claim due-process federal-jurisdiction fifth-circuit habeas-corpus judicial-review procedural-bar standing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

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 Presented (OCR Extract)

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. :

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-05-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2022)
2022-02-22
Application (21A429) granted by Justice Alito extending the time to file until May 8, 2022.
2022-02-09
Application (21A429) to extend the time to file a petition for a writ of certiorari from March 9, 2022 to May 8, 2022, submitted to Justice Alito.

Attorneys

Demarcus Antonio Taylor
Demarcus Antonio Taylor — Petitioner
Demarcus Antonio Taylor — Petitioner