No. 18-8173

Ruben R. Herrera v. Brandon Price

Lower Court: Ninth Circuit
Docketed: 2019-02-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 5th-amendment arbitrary-and-capricious civil-rights collateral-estoppel double-jeopardy due-process fifth-amendment fourteenth-amendment plea-agreement pre-trial-detention
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

CLAIMS FOR RELIEF

A. CLAIM ONE: PETITIONER'S PRE-TRIAL DETENTION AGAINST HIS FIFTH AND AND FOURTEENTH AMENDMENT RIGHT AGAINS DOUBLE JEOPARDY.

Because of the Doctrine of Collateral Estoppel and the Constitution's Prohibition agains Double Jeopardy, the State is Precluded from Seeking Petitioner's commitment. Petitioner Has a Right to be Free From Double Jeopardy during the Adjudication of His SVP petition.

B CLAIM TWO: PETITIONER'S PRE-TRIAL DETENTION VIOLATES HIS RIGHT to DUE PROCESS.

The State's Breach of Petitioner's Plea Agreement Violated His Right to Due Process and the cause of His Unconstitutional Detention. California's Arbitrary and Capricious Application of the SVPA Violates Petitioner's Right to Due Process

Question Presented (AI Summary)

Whether petitioner's pre-trial detention violates his Fifth and Fourteenth Amendment rights against double jeopardy and due process

Docket Entries

2019-10-07
Rehearing DENIED.
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-05-01
Petition for Rehearing filed.
2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-15
Waiver of right of respondent Brandon Price to respond filed.
2018-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

Brandon Price
Tami Michelle KrenzinOffice of the Attorney General, Respondent
Ruben R. Herrera
Ruben R. Herrera — Petitioner