No. 21-6033

Larry Gene Francis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-10-20
Status: Rehearing
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4th-amendment constitutional-rights criminal-procedure double-jeopardy due-process exculpatory-evidence fair-trial material-facts parole-violation state-misconduct testimony
Latest Conference: 2022-04-29 (distributed 2 times)
Question Presented (from Petition)

1) An administrative parole violation hearing?

2) Is it violation of Due Process of Law, when the "preponderance of testimony as to all material facts?

3) Is it a violation of First Amendment protections when the Reason "Charges" were brought was because petitioner complained to Superior a violation of Due Process of Law, when parole is denied for that are not false and/or have no basis in law or fact?

4) Is it a violation of Due Process of Law, when parole is denied for reasons that are false and/or have no basis in law or fact?

5) Is it a violation when there is insufficient evidence to prove violation of parole or that a violation occurred?

6) Is it a Sixth Amendment violation when there is insufficient Notice of the charges petitioner has to defend against?

7) Is it a Constitutional violation to deny exculpatory evidence?

8) Is it Constitutional to enact laws that serve to deprive a party of exculpatory evidence?

9) Was Petitioner denied his Right to Equal Protection of the Laws and his First Amendment Right of Access to the Courts when he was denied evidence of innocence by State Laws that allowed Agent entitlement Repeal?

10) Was Petitioner denied Constitutional Access to the Courts when 5th Circuit denied C.O.A. when proof of false testimony, Double Jeopardy and no evidence were shown prima facie evidence and proof of State Respondent impeding Right to exculpatory evidence as well as impeding Counsel?

11) Are State Constitutional when they allow withholding of evidence exculpatory in Nature?

12) Do Texas Gov't Codes 552.028@0 and 552.103 conflict with the duty imposed by Brady v Maryland, 373 U.S. 83, 83 S.Ct. 194 (1962) when they allow the State to withhold evidence that is exculpatory, denying Petitioner Meaningful Access to courts to petition Redress of grievances?

Question Presented (AI Summary)

Was petitioner subjected to Double Jeopardy?

Docket Entries

2022-05-02
Motion for leave to file a petition for rehearing filed by petitioner DENIED.
2022-04-13
Motion DISTRIBUTED for Conference of 4/29/2022.
2022-04-01
Motion for leave to file a petition for rehearing filed by petitioner.
2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-10-26
Waiver of right of respondent Bobby Lumpkin to respond filed.
2021-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2021)

Attorneys

Bobby Lumpkin
Patrick D. ToddTexas Attorney General, Respondent
Larry Gene Francis
Larry Gene Francis — Petitioner