No. 18-7821

Darryl Mixon v. Mississippi

Lower Court: Mississippi
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence civil-procedure criminal-conviction criminal-procedure due-process eighth-amendment formal-complaint jurisdiction jurisdiction-over-persons jurisdiction-over-subject-matter procedural-defect sentencing standing subject-matter
Latest Conference: 2019-03-15
Question Presented (from Petition)

WHETHER THE TRIAL COURT LACKED JURISDICTION OVER THE PERSONS AND THE SUBJECT MATTER OF THIS CAUSE, IN ABSENCE OF A SIGNED FORMAL COMPLAINT?

WHETHER MIXON'S CONVICTION SHOULD BE VACATED AND HIS SENTENCE SET ASIDE, DUE TO HIS ACTUAL INNOCENCE?

WHETHER MIXON'S SENTENCE IS DISPROPORTIONATE TO THE SEVERITY OF THE OFFENSE, UNDER

Question Presented (AI Summary)

Whether the trial court lacked jurisdiction over the persons and the subject matter of this cause, in absence of a signed formal complaint?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
Waiver of right of respondent Mississippi to respond filed.
2019-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Darryl Mixon
Darryl Mixon — Petitioner
Mississippi
Katy Taylor GerberOffice of the Attorney General State of Mississippi, Respondent