No. 18-5632

Juan L. Leonor v. Scott R. Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Nebraska
Docketed: 2018-08-17
Status: Denied
Type: IFP
IFP
Tags: collateral-review constitutional-law constitutional-vagueness criminal-law criminal-procedure due-process final-conviction habeas-corpus procedural-rule retroactive-application retroactivity substantive-rule vagueness
Latest Conference: 2018-10-12
Question Presented (from Petition)

Is the decision announced in State v. Ronald-Smith, a new susbtantive rule of law that the Federal Constitution requires to be applied retroactively to already final cases before that decision was decided?

Is a federal and state defendant, whose conviction is final, permitted by the Federal Constitution and holdings of this Court to attack at any time that the statute of his conviction is unconstitutional without being subjected to waivers or procedural bars? A split exists between Federal and State Courts.

Is, after the decision in State v. Ronald-Smith, Nebraska's statute for murder in the second degree compatible with the Constitution's prohibition of vague criminal laws?

Question Presented (AI Summary)

Whether a new substantive rule of constitutional law must be applied retroactively to final cases

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Juan Leonor
Juan Luis Leonor — Petitioner