No. 23-6003

David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al.

Lower Court: Fifth Circuit
Docketed: 2023-11-15
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process equal-protection federal-jurisdiction legislative-history reconstruction-era removal-act statutory-interpretation
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: N/A
Question Presented (AI Summary)

Should an important federal law from the Reconstruction Era be given its original public meaning or should it remain a virtual deadletter due to the gloss this Court placed on its text based on what its legislative history indicated about Congress's intent?

Question Presented (from Petition)

QUESTION PRESENTED 1. Should an important federal law from the Reconstruction Era— the removal act for criminal cases, 28 U.S.C. § 1443(1)—be given its original public meaning or should it remain a virtual deadletter due to the gloss this Court placed on its text based on what its legislative history indicated about Congress’s intent? 2. Must a federal court have authority in prior interpretive decisions of other courts before give the statutory phrase “at a later time,” 28 U.S.C. § 1455(b)(1), its plain meaning? 1

Docket Entries

2023-11-16
Petition DENIED.
2023-11-16
Application (23A440) referred to the Court.
2023-11-16
Application (23A440) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-11-16
Brief of respondent Texas in opposition filed.
2023-11-15
Application (23A440) for a stay, submitted to Justice Alito.
2023-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.

Attorneys

David Renteria
Tivon SchardlFederal Defender Western District of Texas CHU, Petitioner
Tivon SchardlFederal Defender Western District of Texas CHU, Petitioner
State of Texas
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent