No. 18-6850

Steven Madina Esparza v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-11-28
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 28-usc-2254 court-appointed-counsel discretionary-review equitable-tolling federal-courts finality-of-conviction gonzales-v-thaler gross-negligence habeas-corpus look-through-presumption ylst-v-nunnemaker
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (from Petition)

I. Under GONZALES V. THALER, 565 U.S.134(2012), does a Petitioner's conviction become 'Final" for purposes of 28 U.S.C. § 2244(d)(1) (A), 30 days after the State's highest Court 'Dismisses" his Petition for Discretionary Review as untimely, or, in a subsequent order Refusing such review(App.H at 1-3; App.B; and App-D, Ex.A at 2-3)?

In determining when a Petitioner's conviction becomes 'Final' under 28 U.S.C. § 2244(d)(1)(A), are Federal Judges authorized to employ the 'Look Through' presumption as announced in Ylst V. NUNNEMAKER, 501 U.S. 797(1991), which requires Federal Judges to determine whether or not the State Courts adDucated the merits under 28 U.S-C- §225(d)(1)(2)? Did the District Court Err in presuming that the Texas Court of Criminal Appeals subsequent order "Dismissed" Esparza's PDR(App.H at 1-3; App.B; App.D,Ex.A at 2-3)?

II.. How should the "Equitable Tolling" as announced under HOLLAND V. FLORIDA, 560 U.S. 631(2010), be applied to a Court-Appointed Appellate Counsel "Gross Negligence" during a critical point of a proceeding?

Did the Lower Court apply a "Rigid Standard" (App.B at 2, App.H at 5-9)?

Question Presented (AI Summary)

Under GONZALES V. THALER, when does a petitioner's conviction become final for purposes of 28 U.S.C. § 2244(d)(1)(A)

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2018-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)
2018-10-01
Application (18A333) granted by Justice Alito extending the time to file until December 7, 2018.
2018-09-19
Application (18A333) to extend the time to file a petition for a writ of certiorari from October 8, 2018 to December 7, 2018, submitted to Justice Alito.

Attorneys

Steven M. Esparza
Steven Madina Esparza — Petitioner