No. 18-6426

Jonathan Eugene Brunson v. North Carolina, et al.

Lower Court: Fourth Circuit
Docketed: 2018-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment civil-rights due-process evidence evidence-access exhaustion-requirement heck-v-humphrey muhammad-v-close pennsylvania-v-ritchie section-1983 state-prisoners
Latest Conference: 2019-01-04
Question Presented (from Petition)

I. WHETHER THE HECK V. HUMPHREY 514 U.S. 477, 486-87 (1994) REQUIREMENT FOR STATE PRISONERS TO EXHAUST THE STATE COURT REMEDY WHEN APPLIES TO A SECTION 1983 FILED IN STATE COURT UNDER THE 14TH AMENDMENT'S DUE PROCESS CLAUSE UNDERLYING PENNSYLVANIA V. RITCHIE 460 U.S. 34, 58 (1987) RENDERS HECK, RITCHIE SECTION 1983, AND THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT ALL BOTH UNENFORCEABLE AND UNCONSTITUTIONAL SINCE BOTH HECK AND RITCHIE REQUIRE THE EXHAUSTION OF STATE COURT REMEDY

II. WHETHER THE HECK V. HUMPHREY, 514 U.S. 477, 486-87 (1994) REQUIREMENT FOR STATE PRISONERS TO EXHAUST THE STATE COURT REMEDY WHEN APPLIES TO A SECTION 1983 FILED IN STATE COURT UNDER THE 14TH AMENDMENT'S DUE PROCESS CLAUSE UNDERLYING PENNSYLVANIA V. RITCHIE 440 U.S. 34, 58 (1987) RENDERS MUHAMMAD V. CLOSE, 540 U.S. 749, 754-55 (2004) BOTH UNENFORCEABLE AND UNCONSTITUTIONAL SINCE THE MUHAMMAD COURT HELD THAT HECK DON'T APPLY CHALLENGES FOR DON'T HAVE A BEARING ON CONVICTION OR SENTENCE

III. WHETHER STATE PRISONERS PROCEDURAL DUE PROCESS CLAIM FOR ACCESS TO EVIDENCE VIA STATE COURT REMEDY IS A COGNIZABLE § 1983 CLAIM UNDER THE 14TH AMENDMENT'S DUE PROCESS CLAUSE UNDERLYING PENNSYLVANIA V. RITCHIE 400 U.S. 34, 58 (1987) WHEN STATE EMPLOYEES DEPRIVE STATE PRISONERS OF THEIR RIGHT TO PROCEDURAL DUE PROCESS OF AN IN CAMERA DISCLOSURE OF CONFIDENTIAL RITE FILES

Question Presented (AI Summary)

Whether the Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) requirement for state prisoners to exhaust the state court remedy when applying to a section 1983 state court under the 14th Amendment's due process clause underlying Pennsylvania v. Ritchie, 480 U.S. 39, 58 (1987) renders Heck, Ritchie, section 1983, and the due process clause of the 14th Amendment all both unenforceable and unconstitutional since both Heck and Ritchie requires the exhaustion of state court remedy

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-27
Waiver of right of respondents State of North Carolina, et al. to respond filed.
2018-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

Jonathan Eugene Brunson
Jonathan E. Brunson — Petitioner
State of North Carolina, et al.
Joseph FinarelliNorth Carolina Department of Justice, Respondent