No. 22-5294

Gary Wayne Warner v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-08-04
Status: Denied
Type: IFP
IFP
Tags: actual-innocence civil-rights constitutional-review due-process habeas-corpus jurisdiction limitation-bar miscarriage-of-justice sentencing standing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Does this court have jurisdiction & power to grant certiorari, excused limitation bar, correct fundamental miscarriage of justice, denial of COA by 5th CIR. Court of Appeals

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1 [QUESTION ONE]: DOES THIS COURT HAVE [JURISDICTION & POWER]TO GRANT CERTIORARI-EXCUSED LIMITION BAR AN CORRECT FUNDAMETAL MISCARRIAGE OF JUSTICE-DENIAL OF COA BY 5th CIR. COURT OF APPEA -LS-IN LIGHT OF Borden v-U.S.-WARNER IS ACTUALLY INNOCENCE OF ’ NOT BEING CONVICTED OF A DELONY AGGRAVATED ASSAULT-PRIOR CONVICT -ION-FALSELY USED BY ADA Ms.(PHouge)-AS A HABITUAL LIFE SENTE -NCE AS NEW PRESENTED, EVIDENCE SHOW THE PRIOR CONVICTION IS A 'MISDEMEANOR-AS WARNER CASE SHOULD BE AN EXCEPTION TO THE McQuig -gin/Bousley -LIMITATION BAR ? 2.(QUESTION TWO]: IN LIGHT OF THE DENIAL OF [FUNDAMENTAL MISCARRIAGE OF JUSTICE]-DENIAL OF CAO-DOSE THIS COURT HAVE~[JURISDICTION AND POWER]-TO GRANT CERTIORARI-RESOLVE SPLIT IN CIRCUIT COU -RTS: WHETHER "NEW PRESENTED RELIBLE EVIDENCE NOT PRESENTED AT TRIAL-"NEW EVIDENCE WRONGLY WITHHELD & DISCOVERED AFTER TRIALPRESENTED DURING HABEAS PROCEEDING-ALLOWS COURTS TO EXCUSED LIMITATION BAR ? 3.[ QUESTION THREE]: IN LIGHT OF THE MANDATE IN Hainer v.Kemer& THE DENIAL OF PRO SE PETITIONER'S REQUEST FOR A COA-DOES THIS COURT HAVE-[JURISDICTION AND POWER]-TO GRANT CERTIRARI-EXCUSED LIMITATION BAR-[LIBERALLY CONSTRUED]-WARNER'S ACTUALLY INNOCE -NCE OF NOT HAVING BEEN CONVICTED OF FELONY AGGRAVATED ASSAULT CONDUCT LIGHT OF Borden v.U.S.-ERRONEOUS _LY INCREASE IN MANDATORY MINIMUM SENTENCE-[ FUNDAMENTALLY MIS-CARRIAGE OF JUSTICE-EXCEPTION TO LIMITATION BAR-BOUSLEY ? ; ; 3

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2022)
2022-05-02
Application (21A660) granted by Justice Alito extending the time to file until July 28, 2022.
2022-04-15
Application (21A660) to extend the time to file a petition for a writ of certiorari from May 29, 2022 to July 28, 2022, submitted to Justice Alito.

Attorneys

Gary Warner
Gary Wayne Warner — Petitioner
Gary Wayne Warner — Petitioner