No. 19-8280

Jesus Jaime Jimenez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-04-16
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-circuit habeas-corpus jurisdiction lack-of-jurisdiction statutory-window
Key Terms:
DueProcess FourthAmendment HabeasCorpus Punishment
Latest Conference: 2020-10-16 (distributed 2 times)
Question Presented (from Petition)

1. Did the Fifth Circuit err in not allowing Petitioner his rights to bring his complaint of 'Lack of Jurisdiction', under a §2254 Writ of Habeas Corpus, to which affects Petitioner's substantial rights to be heard, Violating his 5th, 8th, and 14th Amendments to the U.S. Constitution

Whether acting [outside] the statutory window of the C.C.P. 42.12 §8(a), grants the trial court, power to hear Petitioner's case, or whether the 'Lack of Jurisdiction' makes his sentence/conviction Void — under the statutory rule, the 14th Amendment to the U.S. Constitution, and Laws of these United States.

2. There is an important question of Federal and State Law, that has not been, but should be settled by this Court when dealing with, when a trial court has authority to act upon a defendant's case, after the court lacked subject matter and/or personal jurisdiction, without violating the defendant's 14th Amendment, to Due Process.

Question Presented (AI Summary)

Did the Fifth Circuit err in not allowing Petitioner his rights to bring his complaint of 'Lack of Jurisdiction', under a §2254 Writ of Habeas Corpus, which affects Petitioner's substantial rights to be heard, Violating his 5th, 8th, and 14th Amendments to the U.S. Constitution

Docket Entries

2020-10-19
Rehearing DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-07-07
Petition for Rehearing filed.
2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Jesus Jaime Jimenez
Jesus Jaime Jimenez — Petitioner