No. 18-5499

Hilario Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-08-10
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 28-usc-2254 actual-innocence evidentiary-hearing federal-court habeas-corpus involuntary-plea state-court time-barred
Latest Conference: 2019-01-11 (distributed 2 times)
Question Presented (from Petition)

WHETHER A FEDERAL COURT FAILED TO HOLD AN EVIDENTIARY HEARING ON HABEAS CORPUS IF,AMONG OTHER FACTORS,TO DEVELOP THE FACTUAL BASIS FOR THE CLAIM IN STATE COURT (OR SUFFICIENTLY ATTEMPTED TO DO SO),IF EFFORT TO DISCOVER THE FACTS WOULD HAVE BEEN IN VAIN,BAR AN EVIDENTIARY HEARING IN THE DISTRICT COURT ON THE QUESTION OF ACTUAL INNOCENCE,DISMISSED AS TIME-BARRED UNDER 28 LLS.C.2254(e)(2)(A)(ii),(B) ,and (e)(2)(A)(i) AND 28 US.C.2244(d)(1)(D)(2)

WHETHER A FEDERAL COURT FAILED TO HOLD AN EVIDENTIARY HEARING ON HABEAS CORPUS IF,AMONG OTHER FACTORS,PETITIONER DEVELOP THE FACTUAL BASIS FOR THE CLAIM IN STATE COURT (OR SUFFICIENTLY ATTEMPTED TO DO SO),BAR AN EVIDENTIARY HEARING IN DISTRICT COURT ON THE QUESTION OF ACTUAL INNOCENCE IN CONNECTION WITH HIS MURDER CONVICTION UNDER 28 U.S.C.2254(e)(2)(A)(ii) and (o)

WHETHER A FEDERAL COURT FAILED TO HOLD AN EVIDENTIARY HEAERING ON HABEAS CORPUS IF,AMONG OTHER FACTORS, PETITIONER DEVELOP THE FACTUAL OASIS FOR THE CLAIM IN STATE COURT (OR SUFFICIENTLY ATTEMPTED TO DO 50),BAR AN EVIDENTIARY HEARING IN DISTRICT COURT ON THE QUESTION OF INVOLUNTARILY AND UNINTELLIGENTLY WAIVED HIS RIGHTS AND ENTERED INTO A STIPULATION IN CONNECTION WITH HIS GUILTY PLEA,IM THAT HE WAS NEVER INFORMED OF THE FACT THAT HE COULD BE TRANSFERED TO THE AUTHORITY AND JURISDICTION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE CORRECTIONAL INSTITUTIONAL DIVISION?/DR IT'S BOARD OF PARDONS AND PAROLES WITHOUT A HEARING WITH AN ATTORNEY PRESENT TO REPRESENT HIM AT THE HEARING UNDER 26 U.S.C.22514.(e)(2)(A)(i1),(B)

Question Presented (AI Summary)

Whether a federal court failed to hold an evidentiary hearing on habeas corpus if, among other factors, the petitioner was unable to develop the factual basis for the claim in state court, bar an evidentiary hearing in the district court on the question of actual innocence, dismissed as time-barred

Docket Entries

2019-01-14
Rehearing DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-10-23
Petition for Rehearing filed.
2018-10-09
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Hilario Sanchez
Hilario Sanchez — Petitioner