Stevie Andre Roberson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess FirstAmendment HabeasCorpus
(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 TO NOT HAVE THEIR RELEASE TO PAROLE CONDITIONED/RESCINDED BASED ON FALSE INFORMATION.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.
Whether prisoners have a constitutionally protected liberty interest in parole release under the 14th Amendment