No. 18-8778

Fred Huffman v. Dana Metzger, Warden, et al.

Lower Court: Third Circuit
Docketed: 2019-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: americans-with-disabilities-act constitutional-amendment criminal-procedure double-jeopardy due-process equal-justice ex-post-facto-law judicial-vindictiveness redress-of-grievance retroactive-sentencing time-bar
Latest Conference: 2019-05-30
Question Presented (from Petition)

Absent a constitutional amendment promulgated by the U.S. Congress, under what circumstances {if any} does a legislative body have a lawful right to amend/improve the U.S. Constitution's Article 1, sections 9 & 10 ex-post facto law {which in it's literal syntax provides for no alternate meaning or ambiguity} retroactively so-as to extend an active time bar?

What protects criminally convicted Defs/Ptrs with dyslexia/dementia from judicial {S.C.} and prosecutorial vindictiveness culminating in impediment of constitutional protections as-with protections afforded via "The Americans with Disabilities Act"?

By what lawful authority is any court The that federal or state} empowered to violate criminally convicted Defs/Ptrs constitutional protection(s) of equal justice, due process and redress of grievance?

At what pOint is a victim of a criminal offense held accountable for [aches resulting in double jeopardy initiated by victim molestation of the offender?

Does a S.C. have a lawful right to retroactively override its own statute so-as to resentence criminally convicted Defs/Ptrs {beyond the legislated rule 35c-'s 7 day window /time-bar} culminating in a more onerous punishment?

Question Presented (AI Summary)

Retroactive amendment of U.S. Constitution's ex-post facto law

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-08
Waiver of right of respondent State of Delaware to respond filed.
2018-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)

Attorneys

Fred Huffman
Fred Huffman — Petitioner
State of Delaware
Maria Teresa KnollOffice of the Attorney GeneralState of Delaware,, Respondent