Jose Carlos Belmont v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Securities
Question #1; May State prisoners, burdened, with first-time innocence showings ,
proffer as new facts, State vacatur orders for the innocence gateway where
definition of "new facts" in 5th circuit excludes them; other circuits permit its
use for innocence showings; first state habeas court granted the order; and
State uses color of law to shirk its burden of proof?
Question #2; May the Supreme court answer whether Tex.Code.Crim.Proc. Art. 11.07
§4 is unconstitutional where there has been no amendment to the Statute in light
oF precedents like McOuiggin, House, and Magwood; and the lower courts answered
the federal question?
Question #3(Circuit Splits)
Question #3~a: What is the proper evidentiary standard for first-time innocence
claims where 'the first State forum of review, by Statutory Construction, is a
second or successive writ: is it "newly discovered" or "newly presented"?
Question #3~b: Is a vacation order of one count of a multi-count conviction,
in plea bargain context, a new judgment for both counts, or only a new judgment
for the count vacated, by the order?
Question #3-c; Should a State Statute for successive writs have an exception
for Magwood claims — that an application is not successive if there is an inter
vening new judgment between habeas petitions?
Question #4 : Is the Court of Appeals * denial of Certificate of Appealability
debatable or wrong where (1) factual showing for actual innocence would have
been accepted in other circuits; (2) its definition of "newly discovered" evid
ence is the Source of circuit contentions; and (3) Application cites many
circuit splits and federal questions that only SCOTUS can resolve?
Question not identified