No. 22-5755

Ervin Carter v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2022-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitution constitutional-protection court-transfer federal-preemption judicial-review jurisdiction lower-court state-law transfer
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-11-18
Question Presented (from Petition)

1. ) Whether this Honorable United States Supreme Court 'must "
investigate and resolve jurisdiction if raised by one of the petitioning
party(ies) to the litigation?

2. ) Whether when jurisdiction to adjudicate is wanting in the lower
federal court due to federal-preemption of state law (whereas the
federally-preempted state law is the basis of the lower court judgment
is), can the lower Federal Court legally transfer jurisdiction to this
Honorable United States Supreme Court?

3. ) Whether the lower transferring Federal Court lacking jurisdiction to
adjudicate due to the challenged judgment being the by-product of
federally preempted state law, can the lower court constitutionally
evade satisfying itself on the issue of Federal-Preemption of State law
before attempted to reach any other judgment?

4. ) Whether this Honorable Court can by-pass the questions of
jurisdiction being tainted by the existence and operation of State laws
which suffered federal-preemption from their inception?

5. ) Whether an enforceable judgment can constitutionally arise out of
application of Federally-Preempted State Laws, being used to deprive a
person, recognized as enjoying substantive constitutional protections
from the existence and operation of federally-preempted state laws?

Question Presented (AI Summary)

Whether this Honorable United States Supreme Court 'must' investigate and resolve jurisdiction if raised by one of the petitioning party(ies) to the litigation?

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-28
Waiver of right of respondent Tim Hooper to respond filed.
2022-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2022)

Attorneys

Ervin Carter
Ervin Carter — Petitioner
Tim Hooper
Juliet L. ClarkAssistant District Attorney, Respondent