DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
ESTIONS PRESENTED PURSUANT TO RULE 14.1(a 1. Did the Louisiana Supreme Court err where it vacated Petitioner’s Appeal where the parties and District Court had consented to the appeal and previously granted Petitioner an Out-of-Time Appeal? 2. Did the Louisiana Supreme Court err where Petitioner was denied his fundamental right to equal protection and to the Due Process right to an Appeal of the jurisdictional errors that occurred in his case in violation of his Fifth and Fourteenth Amendments to the United States Constitution where the Court denied further review on the merits and vacated Petitioner’s Appeal? 3. Should Garza v. Idaho be held retroactive on collateral review?; if not, should Petitioner have previously been granted relief of an Out-of-Time Appeal where he raised Roe v. Flores-Ortega in a prior application for Post Conviction Relief and where the Louisiana Supreme Court and Fourth Circuit Court of Appeals ruled that Garza was not retroactive on collateral review in the instant case? 4. Did the Louisiana Supreme Court err by not reviewing the merits of Petitioner’s jurisdictional claims and by vacating his Out-of-Time Appeal? 5. Did the Louisiana State Trial Court lack jurisdiction to charge and try petitioner where the state did not show that any act or element of the alleged 2008 crime of forcible rape occurred in the Parish of Orleans? 6. Did the Louisiana State Trial Court lack jurisdiction to charge and try petitioner for the alleged 2002 charge of Second-Degree Kidnapping where the state failed to initiate prosecution timely within the statutorily allotted 6-year statute of limitations? .7.. Did the Louisiana Courts err where Petitioner was denied his fundamental Due Process rights to “Notice and Fair Waring” when he was not properly advised of the state’s sex offender registration and notification requirements as statutorily required in violation of his Fifth and Fourteenth Amendments? 8. Was Petitioner’s guilty pléa knowingly and intelligeritly entered where he unknowingly entered a guilty plea to a time barred charge? ii.