Jose Nieves Briones v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Whether the Supreme Court has jurisdiction to review the denial of a certificate of appealability and whether the Court of Appeals should have issued a certificate of appealability for a time-barred federal habeas petition
No. 1: DOES THE UNITED STATES SUPREME COURT HAVE JURISDICTION TO REVIEW THE DENIAL OF A CERTIFICATE OF APPEALABILITY BY A COURT OF APPEALS ABSENT A FINAL JUDGMENT OR DECREE? QUESTION No. 2: WHETHER THE COURT OF APPEALS SHOULD HAVE ISSUED A CERTIFICATE OF APPEALABILITY FROM THE DISTRICT COURTIS DETERMINATION THAT THE PETITIONER'S FEDERAL HABEAS PETITION WAS TIME-BARRED WHEN REASONABLE JURISTS COULD DEBATE THAT THE !-YEAR LIMITATION PERIOD COMMENCED UNDER TITLE 28 U.S.C SECTION 2244(d)(1)(D) ON THE DATE THAT THE AFFIDAVIT WAS EXECUTED OR THE DATE THAT PETITIONER BECAME AWARE OF THE AFFIDAVIT IN SUPPORT OF HIS CONSTTTUJTfBONAL CLAIM?• J QUESTION No. 3: WHETHER THE COURT OF APPEALS SHOULD HAVE ISSUED A CERTIFICATE OF APPEALABILITY FROM THE DISTRICT COURT'S DETERMINATION THAT THE PETITIONER'S FEDERAL HABEAS CORPUS PETITION WAS TIME-BARRED WHEN REASONABLE JURISTS COULD DEBATE WHETHER THE PROCEDURAL RULING WAS CORRECT UPON THE DISTRICT COURT'S CONSIDERATION OF THE MERITS OF THE PETITIONER^ CONSTITUTIONAL CLAIM IN THE DETERMINATION THAT THE PETITION WAS TIME-BARRED? QUESTION No. 3: WHETHER THE COURT OF APPEALS SHOULD HAVE ISSUED A CERTIFICATE OF APPEALABILITY FROM THE DISTRICT COURT'S DETERMINATION THAT THE PETITIONER'S FEDERAL HABEAS CORPUS PETITION WAS TIME-BARREDDWHEN REASONABLE JURISTS COULD DEBATE WHETHER THE PROCEDURAL RULING WAS CORRECT UPON THE DISTRICT COURTS FAILURE TO CONSIDER AND.TAKE INTO ACCOUNT THE PETITIONERS CONFINEMENT IN ITS DUE DILIGENCE INQUIRY? i