No. 18-5799

In Re Robert N. Smithback

Lower Court: N/A
Docketed: 2018-08-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (from Petition)

Ground #1. Whether Smithback is being deprived of his liberty without due process of law, to wit: Texas did not have subject matter jurisdiction, persuant to the Carmell v. Texas, 529 U.S. .513 (2000) decision, to arrest, 6hdige, indict. convict, and sentence him to fourty-five years imprisonment in the Texas Dep artment of Criminal Justice;

Ground #2. Whether Smithback is,.being deprived of his liberty without due process of law, to wit: failing to pro- vide Smithback with th::trial 1byury, as he reque- sted, due to the prosecuting witnesses deliberate refusal to appear twice for said trial;

Ground 3. Whether Smithback is, being deprived of hiá liberty without due process of law, to wit: Texas unconstitutionally induced plea agreement withoptjurisdiction;

Ground #4. Whether Texas has engaged in selective prosecution, to wit: prosecutin Smithback regardless of juris- diction, but'deliberately refusing to prosecute the suspected perportrator(s) involved in the sexual assault of Smithback.

Question Presented (AI Summary)

Whether Smithback is being deprived of his liberty without due process of law

Docket Entries

2018-11-19
Rehearing DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-16
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-07-03
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Robert N. Smithback
Robert N. Smithback — Petitioner