No. 22-5642

Lonnie Kade Welsh v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al.

Lower Court: Fifth Circuit
Docketed: 2022-09-21
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2241 28-usc-2254 collateral-consequences custody custody-status direct-consequence habeas-corpus sex-offender-registration suppression-clause suspension-clause writ-of-certiorari
Key Terms:
ERISA DueProcess HabeasCorpus Securities
Latest Conference: 2022-11-18
Question Presented (from Petition)

1. Is A Person In Custody For The Purpose Of Either 28 U.S.C. § 2241 or 28 U.S.C. § 2254 If The Individual Is Still Under A Direct Consequence From The Criminal Judgment And Does The Suppression Clause Protect The Right To File The Writ Of Habeas Corpus?

2. Is A Person In Custody For The Purpose Of Either 28 U.S.C. § 2241 or 28 U.S.C. § 2254 If The Collateral Disabilities Can Only Be Set Aside If The Conviction Is Overturned And Does The Suppression Clause Protect The Right To File The Writ Of Habeas Corpus?

3. Does A Person Reach A Non-Frivolous Question For The Purpose Of A Certificate Of Appealability If Another Court Has Decided The Same Issue Favorably?

Question Presented (AI Summary)

Is a person in custody for the purpose of 28 U.S.C. § 2241 or 28 U.S.C. § 2254 if the individual is still under a direct consequence from the criminal judgment and does the Suspension Clause protect the right to file the writ of habeas corpus?

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixMotion for Leave to Proceed in Forma PauperisPetitionAppendix

Attorneys

Lonnie Kade Welsh
Lonnie Kade Welsh — Petitioner