No. 23-5772

Cornel Jackie Drummer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-10-12
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure court-records due-process federal-review habeas-corpus insufficient-evidence meaningful-appeal procedural-default statute-of-limitations tolling
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Did the United States Court of Appeals for the Fifth Circuit err in sustaining the United States District Court for the Western District of Texas' holding that petitioner's 28 U.S.C. § 2254 petition should be dismissed with prejudice as untimely barred from federal habeas review by the one-year statute of limitations period embodied in 28 U.S.C. 2244(d)(1), and that the petitioner is not entitled to statutory tolling under 28 U.S.C. § 2244(d)(2) on his claims of being deprived of his rights to a meaningful appeal where the record demonstrates that no clerk's records and court reporter's records were sent to the court of appeals for appellate review for resolution of the appeal to support the court's decision affirming the judgment of the trial court on petitioner's claims regarding the insufficiency of the evidence

Question Presented (OCR Extract)

QUESTION PRESENTED DID THE UNEITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ERR IN SUSTAINGING THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS' HOLDING THAT PETITIONER'S 28 U.S.C. § 2254 PETITION SHOULD BE AND RENDERED DISMISSED WITH PREJUDICE AS UNTIMELY BARRED FROM FEDERAL HABEAS REVIEW BY THE ONE-YEAR STATUTE OF LIMITATIONS PERIOD EMBODIED IN 28 U.S.C. 2244 €d)€1),. AND THAT THE PETITIONER IS NOT ENTITLED TO STATUTORY TOLLING UNDER 287USSCC.§ 2244(d)(22) ON HIS CLAIMS OF BEING DEPRIVED OF HIS RIGHTS TO A MEANINGFUL APPEAL WHERE THE RECORD DEMONSTRATES THAT NO CLERK'S RECORDS AND COURT REPORTER'S RECORDS WERE SENT TO THE COURT OF APPEALS FOR APPELLATE REVIEW FOR RESOLUTION OF THE APPEAL TO SUPPORT THE COURT'S DECISION AFFIRMING THE JUDGMENT OF THE TRIAL COURT ON PETITIONER'S CLAIMS REGARDING THE INSUFFICIENCY OF THE EVIDENCE

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)

Attorneys

Cornel J. Drummer
Cornel Jackie Drummer — Petitioner
Cornel Jackie Drummer — Petitioner