No. 18-7624

Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.

Lower Court: Third Circuit
Docketed: 2019-01-29
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing
Key Terms:
DueProcess Punishment
Latest Conference: 2019-03-29
Question Presented (from Petition)

Does the sentence imposed constitute an illegal
sentence under federal law and represent a
manifest injustice calling in question the
integrity of the judicial process?

Did the Court abuse its discretion when it took
the jurys guilty verdict for Simple Assault with
Bodily Injury caused, and use it to enhance
Petitioner's sentence for Attempted Murder?

Does a sentence in violation of Apprendi v.
New Jersey, Supra. constitute reversible error?

Does State Prisoner serving a sentence in violation
of Apprendi constitute cruel & unusual punishment
if procedurally barred fromseeking relief from that
punishment, when a jury never found serious bodily
injury, and thetrial court enhanced sentence from
20 to 40 years based on serious bodily injury element
never found by trial jury?

Does it constitute a Miscarriage of Justice when
all previous reviewing Courts;- including Habeas
Petition-; did not correct the illegal sentence,
especially since the case at review were puportedly
reviewed Plenary and De Novo?

Was Petitioner denied effective assisance of counsel
in failing to properly challenge the Trial Courts
abuse of discretion by imposing an illegal sentence?

Question Presented (AI Summary)

Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the judicial process?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2018-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)

Attorneys

Mario Griffin
Mario Griffin — Petitioner