Due Process Violations

By: Derek Hawkins//January 26, 2016//

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7^TH Circuit Court of Appeals

Case Name: Cesar Flores-Ramirez v. Brian Foster

Case No.: 15-1594

Officials: FLAUM and RIPPLE, Circuit Judges.

Practice Area: Due Process Violations

Appellant fails to provide substantial showing of denial of constitutional right.

“Mr. Flores‐Ramirez has not argued, nor can he establish, that these claims meet the stringent requirements for entertaining successive petitions under 28 U.S.C. § 2244(b)(2)(B)(ii), namely that “the facts underlying the claim … would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.” Because reasonable jurists could not disagree that Mr. Flores‐Ramirez’s first and second claims are successive and that they do not meet the requirements of § 2244(b)(2)(B)(ii), we decline to issue a certificate of appeal‐ ability with respect to either of those claims.”

Petitions Denied

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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