No. 24-7163

Jose Nieves Briones v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-05-08
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability constitutional-claim due-diligence habeas-corpus supreme-court-jurisdiction time-bar
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2025-10-06
Petition DENIED.
2025-06-26
DISTRIBUTED for Conference of 9/29/2025.
2025-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2025)

Attorneys

Jose Briones
Jose Nieves Briones — Petitioner
Jose Nieves Briones — Petitioner