John Dwayne Garvin v. Levern Cohen, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Whether a South Carolina Supreme Court's Order Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutionality of County Grand Jury Proceedings Constitutes an Ongoing Controversy Causing Irreparable Harm
1. Whether a South Carolina Supreme Court ’s Order Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutionality of a County Grand Jury Proceedings, Has Allowed a Case of Actual Controversy to Continue to Exist and Cause Ongoing Irreparable Harm. 2. Whether a Federal District Court with Jurisdiction Over a Habeas Corpus Action Under 28 U.S.C. § 2254, May Abstain From Exercising that Court ’s Jurisdiction in Denying Petitioner ’s Motion for Declaratory Judgment Within the Habeas Action, and Then Subsequently Deny a Certificate of Appealability of that Decision is an Abuse of Discretion by the District Court i