No. 21-8056

Earl Lee King v. Texas

Lower Court: Texas
Docketed: 2022-06-06
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation criminal-procedure due-process federal-law habeas-corpus newly-discovered-evidence procedural-impediment standing state-court-action state-created-impediment
Latest Conference: 2022-09-28
Question Presented (from Petition)

Has the action by the Court of Criminal Appeals of Texas in dismissing Petitioner's State Application for a Writ of Habeas Corpus Violated Article Section 1(b) clause of the United States Constitution; where thereby effectively denied him the right to "seek habeas relief"?

Where he had presented evidence of newly discovered facts that met the requirements of Article 11.07 §4(a) of the Texas Code of Criminal Procedure, and McCullough v. Perkins 548 U.S. 383 (2013), has the Court of Criminal Appeals action violated federal law as established by the Supreme Court of the United States, by determining it did not qualify as "newly discovered evidence"?

Does petitioners "newly discovered facts" meet the requirements of Article 11.07 §4 (d&rA(c) of the Texas Code of Criminal Procedure, and McCullough v. Perkins?

Is the actions of the State courts a "state created impediment" preventing petitioner from seeking habeas relief in the State and federal Courts?

Question Presented (AI Summary)

Has the action by the Court af Criminal Appeals of Texas in dismissing Petitioners State Application for Habeas Corpus Violated Article I, Section A, Clause 2, of the United States Constitution, where being denied the right to seek habeas relief?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2022)

Attorneys

Earl King
Earl Lee King — Petitioner