No. 18-8414

Dennis E. v. Matthew J. D'Emic, Administrative Judge, Supreme Court of New York, 2nd Judicial District, et al.

Lower Court: New York
Docketed: 2019-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights criminal-procedure defendant-rights due-process equal-protection jackson-v-indiana standing state-law
Latest Conference: 2019-05-09
Question Presented (from Petition)

1. Whether the State may compel relief under Jackson, over a defendant's objection, claiming in substance that the State law is unconstitutional, and thereby eviscerate the defendant's rights to automatic discharge from criminal custody and the dismissal of his indictment under State law?

2. Whether the State has the standing or authority to exercise a defendant's constitutional rights over his objection, and thereby create a conflict between the defendant's Jackson rights, and his State-created rights to liberty in order to invalidate State law to advance its own policy preferences?

Question Presented (AI Summary)

Whether the State may compel relief under Jackson v. Indiana over a defendant's objection

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-10
Waiver of right of respondent Ann Marie T. Sullivan, Commissioner, NYS Department of Mental Health to respond filed.
2019-04-05
Waiver of right of respondent Eric Gonzalez, District Attorney, Kings County to respond filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)

Attorneys

Ann Marie T. Sullivan, Commissioner, NYS Department of Mental Health
Barbara Dale UnderwoodSolicitor General, Respondent
Dennis E.
Arthur Aram BaerMental Hygiene Legal Service, Petitioner
Eric Gonzalez, District Attorney, Kings County
Leonard JobloveKings County District Attorney's Office, Respondent