No. 18-5283

David McGowan v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2018-07-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 8th-amendment appellate-court appellate-review due-process habeas-corpus state-appellate-court state-court unconstitutional-sentence unlitigated-claim
Latest Conference: 2018-09-24
Question Presented (from Petition)

Is a state appellate court's unexplained refusal to allow a petitioner to file for state provided avenue of writ of habeas corpus releif on an unlitigated, meritorious, non-waivable claim an unconstitutional denial of Due Process under the 14th Amendment.

Is a sentence imposed under a statute declared unconstitutional for being violative of the 8th and 14th Amendments an illegal sentence imposed without authority an unconstitutional denial of Due Process under the 14th Amendment.

Question Presented (AI Summary)

Is a state appellate court's unexplained refusal to allow a petitioner to file for state provided avenue of writ of habeas corpus relief on an unlitigated, meritorious, non-waivable claim an unconstitutional denial of Due Process under the 14th Amendment?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondent Pennsylvania to respond filed.
2018-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)

Attorneys

David McGowan
David McGowan — Petitioner
Pennsylvania
Karen Ann DiazBucks County District Attorney's Office, Respondent