No. 18-6893

Joseph C. Garcia v. Carmella Jones, et al.

Lower Court: Fifth Circuit
Docketed: 2018-12-04
Status: Denied
Type: IFP
IFP
Tags: clemency clemency-proceeding due-process fourteenth-amendment meaningful-opportunity minimal-guarantees parole-authority state-law texas-law woodard-precedent
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Punishment
Latest Conference: N/A
Question Presented (from Petition)

1. Whether Texas's failure to provide Garcia with a clemency proceeding that comports with Texas law violates the minimal due process rights —including the fundamental due process right to a meaningful opportunity to be heard —to which Garcia is entitled under the Fourteenth Amendment's Due Process Clause?

2. Whether this Court's decision in Ohio Adult Parole Authority v. Woodard, 523 U.S. 272 (1998), requires states to adhere to state laws governing clemency proceedings in order to comport with the Fourteenth Amendment's minimal due process guarantees?

Question Presented (AI Summary)

Whether Texas's failure to provide Garcia with a clemency proceeding that comports with Texas law violates the minimal due process rights—including the fundamental due process right to a meaningful opportunity to be heard—to which Garcia is entitled under the Fourteenth Amendment's Due Process Clause?

Docket Entries

2018-12-04
Application (18A573) referred to the Court.
2018-12-04
Application (18A573) denied by the Court.
2018-12-04
Petition DENIED.
2018-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2019)
2018-12-04
Application (18A573) for a stay of execution of sentence of death, submitted to Justice Alito.
2018-12-04
Brief of respondent Carmella Jones, et al. in opposition filed.
2018-12-04
Reply of petitioner Joseph C. Garcia filed.

Attorneys

Carmella Jones, et al.
Matthew Dennis OttowayAssistant Attorney General, Respondent
Joseph Garcia
Jennifer Yolanda GarciaOffice of the Federal Public Defender -- District of Arizona, Petitioner