No. 24-6895

Herbert Lavonne Wiggins v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-03-31
Status: Denied
Type: IFP
IFP
Tags: factual-findings judicial-review legal-standard newly-discovered-evidence procedural-defect writ-of-certiorari
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-05-29
Question Presented (from Petition)

(1) Whew did the law pass, Saying the courts do Hot
have to ad; udicate the Mercts oa a writ?

(2) How Can a court refuse to adjudicate on the
ments and deny aewly discovered evidence ?

(3) How con a court fu ru a blind eye to petitouers
writ when he has Showa Newly discovered evidence
and has Merits in his LO(b) ?

(A) How tsit that the state and federal courts caw
fail todetermine facts underoa b0(b), Wheal th ey,
(Naeglects tomake afinding of facts whea if has
the duty todo So,
(2)Makes Factual Findings Uader an incorrect legal standard'
(3) uses a defective procedure for fudisg the fack '
OL)misttates the record in makiugtind ings of facts 'and
(5); gniores evidence that supports the petitioner's
claims: . .
(o)ignores the exhibits petitiouer preseaited with
his Go(b) and COA:

Question Presented (AI Summary)

Whether courts can refuse to adjudicate the merits of a writ when newly discovered evidence is presented and fail to make proper factual findings

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2024-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2025)

Attorneys

Herbert Wiggins
Herbert L. Wiggins — Petitioner