No. 18-7392

In Re James Rudnick

Lower Court: N/A
Docketed: 2019-01-10
Status: Denied
Type: IFP
IFP
Tags: 13th-amendment 14th-amendment civil-rights constitutional-rights conviction criminal-procedure custody due-process fourteenth-amendment habeas-corpus incarceration-authority mittimus thirteenth-amendment
Latest Conference: 2019-02-15
Question Presented (from Petition)

1 Whether the Respondent [Warden Hansen] - employee of the Colorado Department of Corrections] has valid authority (in accord with the thirteenth and fourteenth Amendments of the United States Constitution) to punish this Applicant [Rudnick] and to keep him incarcerated (to serve a life term) without Rudnick having been duly convicted of the statutory offense indicated* on the State's Warrant of Comittment (or Mittimus) issued through the State Judicial Branch?

2 Whether Respondent's "holding authority" is constitutionally maintained after receiving multiple [altered] official mitimus documents(each containing false conviction and sentence terms) that were issued without jurisdiction against Applicant Rudnick to punish him without due process or giving any notice, hearing, or opportunity to be present to challenge (new) convictions indicated?

3 Whether these "new" or "added" statutory offense convictions and sentence terms [entered against Applicant Rudnick by way of mere issuance of new mittimusJstill provides legitimate holding authority AFTER the criminal "nts" indicated have been Changed (without due process); then changed again; then REMOVED; then changed again with NEW charge added (shown in Exhibit I - V)...

4 Whether "Actual Innocence" should not apply under these circumstances when State's multiple different holding documents are being issued arbitrarily containing conflicting critical information concerning offense convictions, dates, and sentence terms (changed or added) without support or proof of a related verdict?

Question Presented (AI Summary)

Whether the Respondent has valid authority to punish the Applicant and keep him incarcerated without a valid conviction

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2018-04-13
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

James Rudnick
James Rudnick — Petitioner