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