Francisco Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Can a Clerk of a federal appellate court refuse to file a pleading by a State habeas petitioner seeking a Panel Rehearing from the denial of an application seeking a certificate of appealability as untimely when the plading was tendered for filing was timely filed when placed in prison official^ hand^ for mailing and filing with the Clerk of a federal appellate court?
Whether a State federal habeas corpus petitioner is deprived of the opprotunity to be heard and have judicial findings made by a United States District Court upon a claim for federal habeas corpus relief as presented to the State court and district court when the district court declines to consider and address the claim for federal habeasccorpus relief as presented and argued?
Does the difference accorded to a State court determination that a federal claim is procedurally defaulted be teviewed by a federal court if the habeas petitioner satisfies the requirement of Title 28 U.S.C., Section 2254(d)(2)?
Whether the Court of Appeals for the Fifth Circuit should have issued a Certificate of Appealability from the district court's determination that the Petitioner was not deprived of his constitutional rights to effective assistance of counsel as assured under the 6TH Amendment to the United States Constitution?
Whether a state habeas petitioner's pleading was timely filed under the mailbox rule