No. 23-6076

Timothy Ricardo Pedraza v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-11-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights due-process judicial-discretion liberty-interest parole parole-eligibility statutory-interpretation texas
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2024-05-16 (distributed 2 times)
Question Presented (AI Summary)

Whether a State or US Court of Appeals abused its discretion and/or committed plain error for a misapplication of state law (statute)

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. The question is whether a State or US Court of Appeals abused its discretion and/or committed plain error for a misapplication of state law (stahute); and/or whether the State or US Court of Appeals has decided an important question of federal law that has not heen but Should be settled by this Court? 2. The question is whether petitioner has an entitled Liberty interest in his release to a mandated statute release, whether the statute at issue-i.e. 508.145(d) as petitioner reads it, a contract on how petitioner is to earn his eligibility for release on parole, more importantly, whether that release to parole is governed by the statute alone or a parole panel review process that petitioner is mandated not to be considered for? 3. The question is whether Texas violates petitioner's U.S. . Constitutional Right to Due Process of Law hy NOT: honoring ; trial court's judge and petitioner plea agreement, [which] is governed under 503.145(d)? : 4. The question is whether Texas law and TNCJ Rules LANGUAGE is plain and clear to the fact -that petitioner must do ONEHalf of his sentence in order for his eligibility to parole constitute an liberty interest, »rdoes the Court's interpretation adequately follows the laws, statutes, and TDcJ rules where as (BPP) "overreach” of authority to deny parole when there is no other avenue for release other then a serve all? (i)

Docket Entries

2024-05-20
Rehearing DENIED.
2024-04-30
DISTRIBUTED for Conference of 5/16/2024.
2024-02-05
2024-01-16
Petition DENIED.
2023-12-28
DISTRIBUTED for Conference of 1/12/2024.
2023-12-21
Waiver of right of respondent Lumpkin, Dir., TX DCJ to respond filed.
2023-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2023)

Attorneys

Lumpkin, Dir., TX DCJ
Lori Denise BrodbeckTexas Office of the Attorney General, Respondent
Lori Denise BrodbeckTexas Office of the Attorney General, Respondent
Timothy R. Pedraza
Timothy R. Pedraza — Petitioner
Timothy R. Pedraza — Petitioner