No. 21-6574

Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-12-10
Status: Denied
Type: IFP
IFP
Tags: appellate-jurisdiction constitutional-procedure contracts-clause due-process fifth-amendment first-amendment fourteenth-amendment interlocutory-appeal plea-agreements right-to-petition
Key Terms:
DueProcess FirstAmendment HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

Can a lawfully perfected interlocutory appeal pursuant to 28 U.S.C. §1292(a)(1) that has been fully briefed and pending in the United States Court of Appeals be mooted prior to resolution by issuance of the District Court's Final Judgement, or must such a judgement be witheld until the appeal has been resolved less the Due Process Clause of the Fifth Amendment and, or the right to petition of the First Amendment be thereby infringed?

Has the Supreme Court of the United States over time effects ively nullified or else diminished the Contracts Clause to the point that the Constitutional prohibition of Art. I, §10 that "No State shall...pass any...Law impairing the Obligationo of Contracts..." is irrelevant to the proper interpretation and enforcement of plea agreement contracts?

Does the Due Process Clause of,the Fourteenth Amendment compel State prosecutors to perform, and courts to interpret and enforce, plea agreements pursuant to the laws in existence at formation?

Question Presented (AI Summary)

Can a lawfully perfected interlocutory appeal be mooted prior to resolution

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2022)

Attorneys

Robert Tracy Warterfield
Robert Tracy Warterfield — Petitioner