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Danny Wayne Alcoser v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-50523 · judgment December 17, 2025


Certiorari denied · June 15, 2026

Question presented

Question # 1 DOES THE FEDERAL COURT POSSESS THE AUTHORITY TO CIRCUMVENT A 14th AMENDMENT RIGHT OF DUE PROCESS BY IGNORING THE STATE'S DEPRIVITY AND SUSPENSION OF A TEXAS CONSTITUTIONAL RIGHT WHEN THE STATE SUSPENDED OR ABRIDGED PETITIONER"S WRIT OF RIGHT TO STATE HABEAS CORPUS IN ORDER FOR THE STATE TO CONTINUE PETITIONER'S UNLAWFUL CONVICTION AND INCARCERATION? Question # 2 DOES THE FIFTH CIRCUIT COURT OF APPEAL HAVE THE AUTHORITY TO IGNORE ITS OWN CASE PRECEDENT WITHOUT ISSUING A NEW ONE TO DEPRIVE PETITIONER EQUAL PROTECTION UNDER HIS CIRCUMSTANCES INDISTIGUISHABLE FROM THOSE IT OPINIONED AND DETERMINED IN Perrillo v. Johnson, 79 F.3d 441 (5th Cir. 1996)? Question # 3 DOES THE INVITED ERROR DOCTRINE ALLOW AN ALLEGED FAMILIAL RELATIONSHIP — COMMON LAW MARRIAGE OR RELATIONSHIP BETWEEN A CHILD AND MAN -- TO BECOME LEGAL OR VALID DESPITE TEXAS STATUTES AND CASELAW THAT PROHIBIT SUCH AN EXISTANCE AS A MATTER OF LAW? ii.

Counsel of record

For petitioner
Danny Wayne Alcoser

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 15 2026
    Petition DENIED.
  2. May 27 2026
    DISTRIBUTED for Conference of 6/11/2026.
  3. Mar 17 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2026)