No. 18-9119

Kirby Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-05-03
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure constitutional-law criminal-procedure custody-control double-jeopardy double-jeopardy-clause evidence full-faith-and-credit-clause full-faith-credit judicial-review liberty-interest parole prosecution re-imprisonment retrospective-forfeiture statutory-interpretation
Latest Conference: 2019-10-01
Question Presented (from Petition)

#1:
WHETHER THE FULL,FAITH, CREDIT CLAUSE : DOUBLE JEOPARDY CLAUSE
PROHIBITS THE STATE OF TEXAS FROM REPROSECUTING : REIMPRISONING
MODI SON JO I SO YH SH V YO YOII
THROUGH ITS SYSTEM OF PAROLE??
Texas granted Petioner parole for possession oflg ofcocawe, 4 mowths
later it was sperceded by mposed condhons for an epired 45yr old
State of Illsors sex offense)

#2: DID MORRISSEY BREWER, 408 US.47/(72) EXPRESSLY IMPLY THAT
0
(Chargg prole oted dt o ass
obtaw reguested Medical document as mgaty ewderr
U
O W B : E#
SIGNIFICANT RESTRAINT TO ENTITLE A PAROLEE A LIBERTY
INTEREST TO THE PERIOD OF PAROLE AS EARNED CREDITS SERUED
ON THE SENTENCE FREE FROM RETROSPECTIVE FORFEITURE AS
EXPOUNDED BY THIS COURT IO CALDERV BULL, 3 DAll. 386/1798): JONESV
8 W YW
FLORIDA 482 U.S.423/87): LYNCEVMATHIS, 519 U.5.433/97)!
22
(eondetaue ctel io
comnsted before statute's effective date to forfert parole credits
upow revocatos that wereases serterc beyoud what by perl
code is prescribed, and awoouwced by trial coust)

Question Presented (AI Summary)

Whether the Full Faith & Credit Clause, Double Jeopardy Clause prohibits the State of Texas from re-prosecuting & re-imprisoning petitioner for an expired Illinois conviction

Docket Entries

2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

Kirby Gardner
Kirby Gardner — Petitioner