No. 18-5523

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

Lower Court: Fifth Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence constitutional-error constitutional-rights criminal-procedure due-process exculpatory-evidence false-evidence false-testimony miscarriage-of-justice new-evidence new-reliable-evidence
Latest Conference: 2019-01-11 (distributed 2 times)
Question Presented (from Petition)

CAN A CLAIM OF ACTUAL INNOCENCE GIVEN THAT THE STATE PRESENTED FALSE EVIDENCE AT TRIAL NAMELY PERJURED TESTIMONY FROM LAW ENFORCEMENT OFFICERS AND THAT CONSTITUTIONAL ERROR RESULTED IN THE CONVICTION OF ONE WHO IS ACTUALLY INNOCENT AND A MISCARRIAGE OF JUSTICE OCCURRED. APPLYING "FUNDAMENTAL MISCARRIAGE OF JUSTICE EXCEPTION" AND ASKING FOR AN EQUITABLE EXCEPTION NOT EQUITABLE TO INS AND PRESENTING "NEW" RELIABLE EVIDENCE WRONGLY EXCLUDED AND EVIDENCE OBTAIN BY PETITIONER NOT PRESENTED FOR JUROR'S ASSESSMENT NEEDED FOR PROOF TO PROVE PERJURED TESTIMONY AND CRITICAL FOR AN AFFIRMATIVE DEFENSE IF-DEFENSE CAN CAN HIS CLAIM OVERCOME THE ENSE LIMITATION PERIOD? UNDER 28 U.S.C.S § 2244 (D)

CAN A CLAIM OF ACTUAL INNOCENCE GIVEN THAT THE STATE PRESENTED FALSE EVIDENCE AT TRIAL NAMELY PERJURED TESTIMONY FROM LAW ENFORCEMENT OFFICERS BEING THE UNCERTAIN CONSTITUTION CLAIM, IS THIS CLAIM NOT SO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT OF THE 5TH & 14TH AMEND DUE PROCESS RIGHT OF A VALID CLAIM SAL IS CONSTITUTIONAL BY IN) NATURE ITSELF AS STATED? IS IT NOT SUFFICIENT TO GRANT A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C.S 2253 (D)(2)

Question Presented (AI Summary)

Claim of actual innocence given that the state presented false evidence at trial, namely fraudulent testimony from law enforcement officers

Docket Entries

2019-01-14
Rehearing DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-19
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.
2018-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Chris Sanchez
Chris Sanchez — Petitioner