Ruben S. Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, John Nathan Strak, did not meet the requirements of 28 U.S.C. §2244(d)(1)(D), and, therefore, Ramirez's habeas claim that the guilty plea entered as to Count Two, paragraph B. of the indictment, was the result of coercion on the part of trial counsel, was time-barred.
Whether affidavit discovered in the course of initial collateral review containing new information regarding Ramirez's claim that the guilty plea entered as to Count Two, paragraph B. of the indictment, was the result of coercion constitutes newly discovered evidence under the guidelines of 28 U.S.C. §2244(d)(1)(D).
Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, did not meet the requirements of 28-U.S.C-2244(d)(1)(D)