No. 18-7044

Andrew John Yellowbear, Jr. v. Robert O. Lampert, Director, Wyoming Department of Corrections

Lower Court: Wyoming
Docketed: 2018-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: antiterrorism-act antiterrorism-and-effective-death-penalty-act constitutional-review due-process equal-protection federal-court-jurisdiction federal-court-review federal-jurisdiction federal-laws-and-statutes habeas-corpus indian-treaties indian-tribes-and-reservations state-habeas-corpus
Latest Conference: 2019-01-11
Question Presented (from Petition)

Whether the Wyoming Supreme Court's reliance on precedent derived
from the state-friendly deferential standard of the Antiterrorism and
Effective Death Penalty Act of 1996, operates to supercede federal
court review of questions involving their own jurisdiction, the U.S.
Congress' power under Article I, Section 8,, Clause 3 of the U.S.
Constitution to enact, maintain, and enforce Indian Treaties, Act's
of the U.S. Congress involving Indian Tribes & Reservations, and other
relevant federal laws and statutes, thereby permitting it to deny
the petitioner's state habeas corpus petition.

Whether the Wyoming Supreme Court erred when it held that the pet iticxr's
Due Process Clause violatton.claim must be denied because it did not
involve the jurisdiction of the court to reach its merits.

Whether the Wyoming Supreme Court erred when it held that the petition er's
dicriminatory based Due Process Clause violation claim must be denied
because it did not involve the jurisdiction of the court to reach
its merits.

Question Presented (AI Summary)

Whether the Wyoming Supreme Court's reliance on precedent derived from the state-friendly deferential standard of the Antiterrorism and Effective Death Penalty Act of 1996 operates to supercede federal court review of questions involving their own jurisdiction, the U.S. Congress' power under Article I, Section 8, Clause 3 of the U.S. Constitution to enact, maintain, and enforce Indian Treaties, Acts of the U.S. Congress involving Indian Tribes & Reservations, and other relevant federal laws and statutes, thereby permitting it to deny the petitioner's state habeas corpus petition

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Waiver of right of respondent Lampert, Dir., WY DOC to respond filed.
2018-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

Andrew John Yellowbear, Jr.
Andrew John Yellowbear Jr. — Petitioner
Lampert, Dir., WY DOC
Christyne Marie MartensOffice of the Wyoming Attorney General, Respondent