No. 24-6680

Victor Charles Rogers v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-02-28
Status: Dismissed
Type: IFP
IFP
Tags: actual-innocence constitutional-rights constructive-denial-of-counsel dna-testing due-process habeas-corpus
Latest Conference: N/A
Question Presented (from Petition)

1. Is it right for a Circuit Court to deny a COA on a procedural default when filing actual innocence?

2. Is it right also to not look at the merits of a successive petition for COA when filing actual innocence?

3. Isn't the Courts supposed to look at the actions of the trial attorney when filing constructive denial of counsel?

4. When DNA testimony shows that petitioner is not the person a good showing of actual innocence?

5. Isn't that a violation of a petitioner's constitutional right when the trial lawyer goes to trial without getting ruling on pretrial motions?

6. Isn't it a violation of petitioner's constitutional rights when trial counsel allow the judge to go into recess while they were in deliberation?

Question Presented (AI Summary)

Whether a court can deny a certificate of appealability (COA) when filing actual innocence claims and whether DNA evidence showing the petitioner is not the perpetrator constitutes a violation of constitutional rights

Docket Entries

2025-05-01
Petition Dismissed - Rule 46.
2025-03-11
Motion of petitioner to dismiss the petition pursuant to Rule 46.2(a) filed.
2024-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2025)

Attorneys

Victor Charles Rogers
Victor Charles Rogers — Petitioner