No. 19-6738

William Ardas Sarringar v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-11-25
Status: Denied
Type: IFP
IFP
Tags: constitutional-right constitutional-rights due-process equal-protection judicial-competence procedural-default statute-of-limitations subject-matter-jurisdiction void-judgment
Latest Conference: 2020-01-24
Question Presented (from Petition)

When does the fundamental constituional right to be tried by a court of competent jurisdiction cease to operate as a right, or is forfieted by a party, therby transmogrifying an otherwise VOID judge ment into a valid one?

Is the constitutional right to be tried by a court of competent jurisdiction, as is gauranteed by Article HI, § 2, cl* 1 of the United States Constitution ,and the due process of, due course of, and equal protection of the law clauses of the Fifth and Fourteenth Amendments of the United States Constitution, ever subject to for- fieture, waiver, and/or nullification pursuant to^. a procedural statute of limitations, such as 28 UvS,.Ct § 2244(d)(1) or any other procedural bar and/or default mechanism?

When there is proof that a trial court lacked lawful subject- matter jurisdiction at the timesof trial, can the expiration of the one- yayear statute of limitations of 28 U. S^C.. § 2244(d)/ 1.) .be invoked to transmogrify the VOID judgement for want of lawful,jurisdiction into a valid judgement, or be used to negate the constitutional right that protects citizens against--unlawful ;prosecution?

Is due process violated when a court summarrily dismiss a valid and substantiated claim of defect in subject-matter jurisdiction of the trial court without holding a hearing on the merits of the claim, despite evidence of state impediment to timely raising these claims, by enforcing the one-year statute of limitation of 28 U.S..C § 2244, when jurisdiction involves a court's power to hear and decide a matter and where the lack of jurisdiction renders a judgement Void ab initio depriving it of any legal protections?

Can the expiration of: a. statute of limitations confer jurisdiction upon a court where none existed to begin with, and if not, can the expi ration of a statute of limitations be invoked to deny relief to a party convicted by a court that was without jurisdiction to hear and decide the case in the first place?

Question Presented (AI Summary)

When does the fundamental constitutional right to be tried by a court of competent jurisdiction cease to operate as a right, or is forfeited by a party, thereby transmogrifying an otherwise VOID judgement into a valid one?

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2019)

Attorneys

William Ardas Sarringar
William Ardas Sarringar — Petitioner