No. 25-5174

James Bradley Hammond v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-07-22
Status: Denied
Type: IFP
IFP
Tags: actual-innocence certificate-of-appealability district-court federal-review habeas-corpus time-limitation
Latest Conference: 2025-09-29
Question Presented (from Petition)

WHTHER THE COURT OF APPEALS SHOULD HAVE ISSUED AND/OR GRANTED
A CERTIFICATE OF APPEALABILITY (C0A) FROM THE DISTRICT COURT'S
DETERMINATION THAT THE PETITIONER'S CLAIMS WERE TIME-BARRED
WHEN THE 1-YEAR LIMITATION PERIOD COMMENCED ON THE DATE
PETITIONER RECEIVED THE AFFIDAVITS, RATHER THAN THE DATE THE
AFFIDAVITS WERE SIGNED?

WHETHER THE COURT OF APPEALS SHOULD HAVE GRANTED AND/OR ISSUED
A CERTIFICATE OF APPEALABILITY (CQA) FROM THE DISTRICT COURT'S
DETERMINATION THAT THE PETITIONER'S CLAIM OF ACTUAL INNOCENCE
WAS NOT COGNIZABLE ON FEDERAL HABEAS CORPUS REVIEW?

Question Presented (AI Summary)

Whether the Court of Appeals should have issued a Certificate of Appealability (COA) when the 1-year limitation period commenced and the claim of actual innocence was not cognizable on federal habeas corpus review

Docket Entries

2025-10-06
Petition DENIED.
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2025)

Attorneys

James B. Hammond
James Bradley Hammond — Petitioner