John Dwayne Garvin v. Levern Cohen, Warden
Does a South Carolina Supreme Court's Decision Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutionality of a County Grand Jury Proceedings, Has Allowed a Case of Actual Controversy to Continue to Exist and Cause Ongoing Irreparable Harm.
Does a Federal District Court with Jurisdiction Over a Habeas Corpus Action Under 28 U.S.C. § 2254 May Abstain From Exercising that Court's Jurisdiction in Denying a Motion for Declaratory Judgment Within the Habeas Action, and Then Subsequently Deny a Certificate of Appealability of that Decision is an Abuse of Discretion by the District Court.
Whether a state court's refusal to entertain a declaratory judgment challenging grand jury proceedings violates a petitioner's due process rights when no substantive evidence supports the underlying indictments