No. 18-6652

Michael Carlton Lowe v. Tom Roy, Commissioner, Minnesota Department of Corrections

Lower Court: Minnesota
Docketed: 2018-11-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights constitutional-rights district-court-discretion due-process federal-question habeas-corpus jurisdiction liberty-interest standing
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (from Petition)

Did the district court abuse its discretion by answering a federal question on petitioner's liberty interest in a state court?

Did the district court violate due process by suspending habeas corpus without public safety requiring it's suspension in the case of rebellion?

Did the district court err by denying that habeas corpus should lie where a petitioner—after conviction, challenges the district court's jurisdiction; whether the sentence was authorized by law; or whether petitioner's fundamental right to due process has been violated?

Did the district court err by denying a hearing, where it appears from the petition and record that the facts established entitle him to discharge?

Did the district court err by denying petitioner's writ setting forth sufficient facts to establish a prima facie case for his discharge?

Question Presented (AI Summary)

Did the district court abuse its discretion by answering a federal question on petitioner's liberty interest in a state court?

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-10
Waiver of right of respondent Roy, Comm'r, MN DOC to respond filed.
2018-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Michael Carlton Lowe
Michael Carlton Lowe Sr. — Petitioner
Roy, Comm'r, MN DOC
Kelly Susan KempMinnesota Attorney General's Office, Respondent