Steven Floyd Voss v. Second Judicial District Court of Nevada, Washoe County
DueProcess FifthAmendment HabeasCorpus
1. Do the imposition of and discharge from the subsequently invalidated Judgment of Conviction violate the constitutional principles of Double Jeopardy and Speedy Trial, and deprive the Petitioner of Due Process and Equal Protection of Law, guaranteed under the Fifth, Sixth and Fourteenth Amendments?
2. Is it contingent upon the state court to vacate, with prejudice its November 27, 1996 original Judgment of Conviction which has been found by the court to be constitutionally disproportionate and invalid, and to enter a judgment allowing the Petitioner to avail himself to a plea of former jeopardy should the need where the State Trial court is precluded from entering an Amended Judgment of Conviction to cure fatal defects within the to afford the Petitioner the actual benefits awarded him via the State court's August 9, 2001 Writ of Habeas Corpus, due to the Petitioner's completion of six (6) decidedly "onerous" and disproportionate sentences imposed upon him via said original November 27, 1996 Judgment of Conviction?
Whether the state trial court has jurisdiction to conduct resentencing proceedings and enter an amended judgment of conviction after the petitioner's original conviction has been vacated on appeal and the petitioner has completed the original sentence