No. 18-5994
Response WaivedIFP
Tags: criminal-procedure due-process habeas-corpus judicial-error legal-relief maximum-sentence misdemeanor-enhancement sentencing sentencing-error state-court-jurisdiction state-courts
Latest Conference:
2018-10-12
Question Presented (from Petition)
Question One:
Is an error of a lower State Court in
exceeding the maximum sentence legally
allowed, cognizable for relief at any time?
Question Two:
Is a sentence illegal when the State Court
mistakenly uses an out of State misdemeanor
conviction to enhance the sentence exceeding
the maximum sentence legally allowed?
Question Presented (AI Summary)
Is an error of a lower State Court in exceeding the maximum sentence legally allowed, cognizable for relief at any time?
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-18
Waiver of right of respondent Arkansas to respond filed.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)
Attorneys
Arkansas
Michael A. Hylden — Respondent
Ricky Wayne White
Ricky E. White — Petitioner