No. 22-7042

Rosa Serrano v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-03-20
Status: Denied
Type: IFP
IFP
Tags: actual-innocence federal-habeas procedural-default removal-jurisdiction state-court-proceeding void-conviction whistleblower-act
Key Terms:
SocialSecurity DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Whether removal of state court proceeding divested state court of jurisdiction to enter a judgment of conviction

Question Presented (OCR Extract)

ISSUES PRESENTED 1. Whether removal of state court proceeding divested state court of jurisdiction to enter a judgment of conviction when it proceeded to trial upon filing a notice of removal under 28 U.S.C. 1443 prior to state trial, thus rendering a void conviction where federal habeas is granted; , 2. Whether a procedural default not raised by respondents grants district court to enter a sua ponte order not presented to the proceedings for consideration as an affirmative defense and a void conviction excludes a procedural bar to overcome barrier to liberty from a void conviction; 3. Whether a void conviction is considered an “actual innocence” to grant federal habeas when state court was divested of jurisdiction to render a judgment of conviction when actual and constructive notice of removal was filed with the state court; ' 4, Whether a federal habeas compels for Petitioner to seek a protected activity under the Whistleblower Act (31 U.S.C. 3730(h)) is shown by removal to district court to review the denial of a federal right granted under the Medicaid Act (42 U.S.C. 1396(a), and by thirdparty standing in prosecution of Petitioner under Powers v. Ohio, 111 S.Ct. 1364; 5. Whether notice of removal required remand of removed state court criminal proceeding in 20170D0317, instead of dismissal. And by joinder to federal habeas corpus did it also dismiss the state court criminal proceeding with prejudice when rendered jointly and final disposition as to indictments of 20170D0316, 20170D3617 and 20170C0389, herein expunging all criminal proceedings against Petitioner along without further prosecution by refiling of criminal proceedings for all previous state criminal prosecutions. weed LIST OF AUTHORITIES Adair Pipeline Co. y. Pipeliners Local Union No. 798, 203 F.Supp. 434, 437 (S.D.Tex.1962) Allman v. Hanley, Baris v. Sulpicio Lines, Inc., Brown vy. Allen, Burris v. Parke, Butler v. King, Cardwell v. Greene, Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 353, 108 S. Ct. 614, 98 L. Ed. 2d 720 (1988)... eccsetstcescet

Docket Entries

2023-08-21
Rehearing DENIED.
2023-07-27
DISTRIBUTED.
2023-06-16
Petition for Rehearing filed.
2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2023)

Attorneys

Rosa Serrano
Rosa Serrano — Petitioner