No. 18-7284

Roger Leon Barlow v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2019-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-pa-c-s-a-9541 constitutional-challenge criminal-procedure due-process illegal-sentence pennsylvania pennsylvania-courts post-conviction-relief post-conviction-relief-act re-sentencing sentencing void-ab-initio
Key Terms:
DueProcess HabeasCorpus Patent
Latest Conference: 2019-02-15
Question Presented (from Petition)

Ground I. Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C.S.A. 9541, et seq., grants express authority to the Court to correct a sentence for persons "serving" illegal sentences?

II. Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition due to failing to apply the "void ab initio" doctrine to the statute found at 42 Pa.C:S.A. § 9720 deemed patently unconstitutional on its face and void to the instant case thereby requiring re-sentencing of Mr. Barlow?

Question Presented (AI Summary)

Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C.S.A. 9541, et seq., grants express authority to the Court to correct a sentence for persons 'serving' illegal sentences?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-25
Waiver of right of respondents Garman, Supt., Rockview, et al. to respond filed.
2018-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2019)

Attorneys

Garman, Supt., Rockview, et al.
Nicholas J. Casenta Jr. — Respondent
Roger Leon Barlow
Roger Leon Barlow — Petitioner