No. 22-6917

Stevie Andre Roberson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-03-02
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment due-process equal-protection false-information liberty-interest parole parole-board procedural-rights texas-parole-statute
Key Terms:
DueProcess FirstAmendment HabeasCorpus
Latest Conference: 2023-04-28
Question Presented (from Petition)

(1) WHETHER THE MANDATORY PARDON STRUCTURE OF TEXAS PAROLE STATUTE ARTICLE 45.15 § 15 (?) TOGETHER WITH THE REQUISITE AND SPECIAL PAROLE CONDITIONS OF THE PAROLE BOARD'S DECEMBER 19, 2019 ORDER TO GRANT PAROLE TO ITS PRE-PAROLE FROM PRISON THERAPEUTIC COMMUNITY TREATMENT PROGRAM (APPENDIX 1) CREATED AN "EXPECTANCY FOR RELEASE" A LIBERTY INTEREST PROTECTED UNDER THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT U.S. CONST.

(2) WHETHER PRISONERS (and if so TO WHAT EXTENT) ENJOYS A FEDERAL CONSTITUTIONAL PROTECTION DUE PROCESS RIGHT UNDER THE 14TH AMENDMENT U.S. CONST. TO NOT HAVE THEIR RELEASE TO PAROLE CONDITIONED/RESCINDED BASED ON FALSE INFORMATION.

(3) WHETHER PRISONERS PARTICIPATING IN TEXAS PAROLE BOARD'S ORDERED PRE-PAROLE FROM PRISON THERAPEUTIC COMMUNITY TREATMENT PROGRAM HAVE A CONSTITUTIONALLY PROTECTED DUE PROCESS RIGHT UNDER THE 14TH AMENDMENT U.S. CONST. TO A PROCEDURAL HEARING BEFORE HE OR SHE CAN BE REMOVED FROM IT.

(4) WHETHER PRISONERS HAVE A CONSTITUTIONALLY PROTECTED RIGHT UNDER THE 14TH AMENDMENT TO NOT HAVE HIS PRIOR U.S. DISTRICT COURTS ACTION WITH PUNITIVE A SUBSTANTIAL PART IN THE PAROLE BOARD'S DECISION TO DENY RESCIND PAROLE RELEASE.

(5) WHETHER PETITIONER WAS DISCRIMINATED AGAINST AS COMPARED TO OTHER PRE-ADJUDICATION INMATES PARTICIPATING IN THE PRE-PAROLE FROM PRISON PROGRAM BUT DID NOT ACCESS AT THE COURTS IN VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE 14TH AMENDMENT U.S. CONST., AND

(6) WHETHER THE RESPONDENT'S RESOLUTION IS CONTRARY TO CLEARLY ESTABLISHED FEDERAL LAW AND EXTRACTS IN THE GOVERNING LAWS SET FORTH IN THE UNITED STATES SUPREME COURT'S PRECEDENTS AND RULINGS.

Question Presented (AI Summary)

Whether prisoners have a constitutionally protected liberty interest in parole release under the 14th Amendment

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2023)

Attorneys

Stevie Andre Roberson
Stevie Andre Roberson — Petitioner