No. 22-7640

Herbert Lavonne Wiggins v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-05-25
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-procedure civil-rights due-process merits newly-discovered-evidence standing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-12 (distributed 2 times)
Question Presented (AI Summary)

When did the law pass stating that courts do not have to adjudicate the merits on a writ?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED in when did the law pass, saying the Courts do not have to adjudicate the Merits on a writ? . 2. When did the law pass stating that the Court Clerks can sign off and deny a Writ? . . 3. When has a law been passed stating the the Court Judges do not have to sign off on a Writ?. 4, How can a court refuse to adjudicate on the merits anddeny newly discovered evidence? 5. How can a court turn a blind eye to Petitioner's writ when he has shown : newly discovered evidence and has merits in his writ? 6. How is it that a Court will deny a writ only because of the charge he is accused of, instead of the merits of the case? 7. How is it that the State and Federal Courts can fail to determine. facts under §2254(d)(2)? when they (1). neglects to make a finding of fact when it has the duty to do so; (2). makes factual findings under an incorrect legal standard; (3). uses a "defective" procedure for finding facts; (4). misstates the record in making findings of fact; and (5). ignores evidence that’ supports the Petitioner's claims. i

Docket Entries

2024-01-16
Rehearing DENIED.
2023-12-27
DISTRIBUTED for Conference of 1/12/2024.
2023-10-20
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 26, 2023)

Attorneys

Herbert Lavonne Wiggins
Herbert L. Wiggins — Petitioner
Herbert L. Wiggins — Petitioner