No. 25-5174

James Bradley Hammond v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-07-22
Status: Denied
Type: IFP
IFP
Tags: actual-innocence certificate-of-appealability district-court federal-review habeas-corpus time-limitation
Key Terms:
HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Court of Appeals should have issued a Certificate of Appealability (COA) when the 1-year limitation period commenced and the claim of actual innocence was not cognizable on federal habeas corpus review

Question Presented (from Petition)

No. 1 WHTHER THE COURT OF APPEALS SHOULD HAVE ISSUED AND/OR GRANTED A CERTIFICATE OF APPEALABILITY (C0)A) FROM THE DISTRICT COURT'S DETERMINATION THAT THE PETITIONER'S CLAIMS WERE TIME-BARRED WHEN THE 1-YEAR LIMITATION PERIOD COMMENCED ON THE DATE PETITIONER RECEIVED THE AFFIDAVITS, RATHER THAN THE DATE THE AFFIDAVITS WERE SIGNED? QUESTION No. 2 WHETHER THE COURT OF APPEALS SHOULD HAVE GRANTED AND/OR ISSUED A CERTIFICATE OF APPEALABILITY (CQA) FROM THE DISTRICT COURT'S DETERMINATION THAT THE PETITIONER'S CLAIM OF ACTUAL INNOCENCE WAS NOT COGNIZABLE ON FEDERAL HABEAS CORPUS REVIEW?

Docket Entries

2025-10-06
Petition DENIED.
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2025)

Attorneys

James B. Hammond
James Bradley Hammond — Petitioner
James Bradley Hammond — Petitioner