On the Road to the United States Supreme Court

During my time in the Waco County Jail, I was "cellie" with a federal inmate—an older gentleman who was an attorney. He faced a federal probation violation due to the improper use of his lawyer business card while under suspension from practicing law. He informed me that he attended law school alongside Walter Scott Smith Jr., United States District Judge for the Western District of Texas. 

Recognizing the opportunity presented by having a bona fide "jailhouse lawyer" as a cellie, I shared my experiences with Texas State Technical College (TSTC). In response, he mentioned, “It sounds like you have a 1983,” another phrase that sounded Latin to me. 

I had no knowledge about Title 42, United States Code Annotated, Section 1983. However, my lawyer demonstrated a thorough knowledge of the subject, reciting the entire petition from memory. As the statute of limitations deadline approached, I prepared and submitted my filing.

Gradually, within weeks, I became a "master" of the law! I articulated the language of legal arguments --  words like "therefore" and "shall not."  Mostly, I began to appreciate the significance of thorough research. 

At that time, I was unaware of Kenneth Alan McDuff's actions in 1966 and 1992, nor had I ever been interested in the least about his history. However, while confined in that county jail in 1994, I sought to learn all that I could about him. 

I obtained and reviewed every article published by the Dallas Morning News concerning McDuff from 1992. The first Associated Press (AP) news reported that he had been attending TSTC and two bodies had been buried on campus.

To me, the issue was: Whether Walp's admission to TSTC had been accepted "in error" or if it was denied due to McDuff's influence. In pursuit of resolution of the legal issue, whether I had been denied due process in the denial of my admission, I petitioned the U.S. Supreme Court for a writ of certiorari, filing forty bound copies and remitting the filing fee before realizing that I could have submitted a single copy in forma pauperis, another Latin term that was new to me at that time.

Upon my transfer from Waco County Jail to a prison facility equipped with a law library, I proactively engaged a "writ writer" to inquire about his activity (Shepardizing) and requested guidance on the process. In those days, Shepard’s references were extensive published volumes. Through the process of Shepardizing, I discovered a precedent relevant to my §1983 action against TSTC. The 1970's case involved three students at the University of Texas at Austin who were denied admission due to probationary status. The Fifth Circuit Court of Appeals had ruled that these students were entitled to proper notice and opportunity to be heard. Unfortunately, by that time, I had exhausted my remedies, my writ of cert was denied, and the principle of res judicata precluded any further pursuit of the issue.