No. 18-7932

Dale Allen Hamer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-rights court-record criminal-procedure due-process judicial-review plea-bargaining pre-trial-hearing sentencing transcript warrant-review
Key Terms:
AdministrativeLaw FourthAmendment CriminalProcedure
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (from Petition)

That counsel's conduct fell below the wide vanse of Attorney iciet

Thut the record vevealed no reasouable strategy in counsel's 7 failure to investisate the Probable couseior prior Owi's.

Counsel Coerced petitioner into plead guilty.or get9qlife, on a unwrongful arrest's, that petitioner is innocent. os following:

To review the Preliminars hearing of the magisto ate determines that a person brousht before the masistrate afterauarrest On Probable Couse.That the blood test within 92 hours of arr est.

To veview the preliminary hearins of the masistrate determines Bf the second arveston the new indictment

To review the Affidavit for wasrant of arrest and detention 1n Ca450 NO D1-DC-14204i45:And in C0u5E N0 0-1-0C-15-904054.

To review the fifs indictment, and the second indictment that Aas dismiss boy the state court on the same doy of the piea.

To review the subsequent indictmentg when both indictment allege the same conduct, Same act,or saine trausaction.

To review the Enhanced Penalties should petitioner becharged and convicted of a silbseguent felony offense:

Enhanced penalty for any subsequent pvi coniiction!

Possible impeachment of the petitioner's credibility inajudicicl hearins as a result of a felony conviction ipithin io years of of hi's Prior PwI. That wos in 1is.over the lo years for the performance prejnd iced the defense.

To review the indictment's that states misdemeanor Enhanced Habitual

To review docket sheet that the Petitroner right thums print is not his.

To review the trial courts certification of Defendants visght to appeal, That the DH is not the petitioners, sentencins,

To review the arraisnment of the Defendant on Piea of guilty. record's that there was no hereing in open courtherein at least two entire days Prior to the fresent day. of oct 3o 2o15.

To review the court's vecord's, and transeript and forged Court's record's. that petitioner inlaived the eading of the indictment / information: and thart he was osked wnetherior Whether he wlas guilty or not suilty as therein charsed.

To review the plea of guilt, admonishusents. Voluntary statement's, waivers, stipulationjudicial Confessiont that the ptt is nat petitioner's.

To review the cititenshir that the lt is mot Petitioner's. and that the sentencing ali Hamen is my sentencins of page 4, but this was done after the pieaof october BoTh sois.

To revlew fge Pase s, Subscribed, and sworn to before meon this date! 10-30-2ols.I furher certify that the fingerprint shown on the docket sheet filed in thi's lase isof the defendant's risht thamb after the plea, That Petitioner iwas denied MtnR cousel.

To review findins that petitioner had "cominitted an act within the wurisdiction of the transportation codes:

To review tinding that Petitioner was in sioiations ofany State,or federal traffic

Question Presented (AI Summary)

Whether the lower courts erred in denying petitioner's request to review the court records, transcripts, and findings related to his conviction and sentencing

Docket Entries

2019-06-24
Rehearing DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-02
Petition for Rehearing filed.
2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2018-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)

Attorneys

Dale Hamer
Dale Allen Hamer — Petitioner