No. 21-8024

Demarcus Antonio Taylor v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-06-01
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability civil-procedure constitutional-claim due-process federal-jurisdiction fifth-circuit habeas-corpus judicial-review procedural-bar standing
Latest Conference: 2022-09-28
Question Presented (from Petition)

[QUESTION ONE] Did the panel of the Fifth Circuit err by deciding
the merit of an appeal not properly before the Court to justify
the denial of a Certificate of Appealability ?

[QUESTION TWO] : In light of the denial of COA by the Fifth Cir
-cuit Court of Appeals- based on State's procedure bar defense-
[d]oes this Court have jurdicial and [p]ower to determine whether
Thompson v.Louisville-remaines [GOOD LAW]/ such that Taylor should
be procedure barred from review of his U.S. Const. Due Process
claim that the evidence is insufficient to support possession of
a controlled substance ?

[QUESTION THREE ]: In light of the mandate in Hainer v.Kemer-and
the District Court denied pro se Taylor request for COA-does this
Court have jurisdiction to grant certiorari, vacate, and remand
this case back to the district Court-ording it to [LIBERALLY CON
STRUED] the pleadings by reviewing Tylor's complaints for subst
antive merit rether than for [TECHICAL PROCEDURAL COMPLIANCE] ?

[QUESTION FOUR ] rwh'ether the District Court [ABUSED ITS DISCRETION]
by denying motion for relief under Rule 60(b)(6) & (d)(3) ?, If so,
does this Court have jurisdiction to grant certiorari, vacate, and remand this
case back to the district court-ordering a review of Taylor's/insufficient of evidence claim, in light of the fact that the
district court denied the Petitioner's request for COA ?

Question Presented (AI Summary)

Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a Certificate of Appealability?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-05-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2022)
2022-02-22
Application (21A429) granted by Justice Alito extending the time to file until May 8, 2022.
2022-02-09
Application (21A429) to extend the time to file a petition for a writ of certiorari from March 9, 2022 to May 8, 2022, submitted to Justice Alito.

Attorneys

Demarcus Antonio Taylor
Demarcus Antonio Taylor — Petitioner