No. 22-5755

Ervin Carter v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2022-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitution constitutional-protection court-transfer federal-preemption judicial-review jurisdiction lower-court state-law transfer
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether this Honorable United States Supreme Court 'must' investigate and resolve jurisdiction if raised by one of the petitioning party(ies) to the litigation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) Whether this Honorable United States Supreme Court ‘must’ investigate and resolve jurisdiction if raised by one of the petitioning party(ies) to the litigation? 2) Whether when jurisdiction to adjudicate is wanting in the lower federal court due to federal-preemption of state law (whereas the federally-preempted state law is the basis of the lower court judgment is), can the lower Federal Court legally transfer jurisdiction to this Honorable United States Supreme Court? 3.) Whether the lower transferring Federal Court lacking jurisdiction to adjudicate due to the challenged judgment being the by-product of federally preempted state law, can the lower court constitutionally evade satisfying itself on the issue of Federal-Preemption of State law before attempted to reach any other judgment? 4.) Whether this Honorable Court can by-pass the questions of jurisdiction being tainted by the existence and operation of State laws which suffered federal-preemption from their inception? §,.) Whether an enforceable judgment can constitutionally arise out of application of Federally-Preempted State Laws, being used to deprive a person, recognized as enjoying substantive constitutional protections from the existence and operation of federally-preempted state laws? iti | | | V.

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-28
Waiver of right of respondent Tim Hooper to respond filed.
2022-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2022)

Attorneys

Ervin Carter
Ervin Carter — Petitioner
Ervin Carter — Petitioner
Tim Hooper
Juliet L. ClarkAssistant District Attorney, Respondent
Juliet L. ClarkAssistant District Attorney, Respondent