No. 18-7325

John Joseph Zinkand v. Carlos Hernandez, Superintendent, Avery-Mitchell Correctional Institution, et al.

Lower Court: Fourth Circuit
Docketed: 2019-01-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus imprisonment indictment state-law statutory-interpretation subject-matter-jurisdiction
Latest Conference: 2019-05-09 (distributed 2 times)
Question Presented (from Petition)

1. Did North Carolina State unlawfully imprison
3
being N.C.G.S.S14-27.7A, a statute thathas been
abolished, and replaced with two separate statutes,
i.e.1 $14-27.25 and
§14-27.30.

2. Did North Carolinas Courts- Supreme, Appellate, and
Superor-Avery Macon, Durham Countes violate Petines
De Poces RhLd H
Cos byig Run e C
-tional questions and/or issues?

3.Did Macon County N.C. Superior Court fail to
acquire subject matter jurisdiction by proceeding
upon fatally defective incomplete, faultyindictment,
under an unconstitutional statute?

4. Can N.C. State continue to keep Petitioner incar-
-cerated h N.C.G14-27.7A wasepad
11
with two (2) separate and
implied repeal
newly created statutes?

Question Presented (AI Summary)

Did North Carolina State unlawfully imprison Petitioner upon an unconstitutional statute?

Docket Entries

2019-05-13
Rehearing DENIED.
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-03-13
Petition for Rehearing filed.
2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-24
Waiver of right of respondent Carlos Hernandez, Superintendent to respond filed.
2018-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

Carlos Hernandez, Superintendent
Daniel Patrick O'BrienNC Department of Justice, Respondent
John Joseph Zinkand
John Joseph Zinkand — Petitioner