No. 18-9562

Shawn Michael Simms v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2019-06-06
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process illegal-sentence pennsylvania-courts post-conviction-relief post-conviction-relief-act sentencing sentencing-review statutory-interpretation void-ab-initio
Latest Conference: 2019-10-01
Question Presented (from Petition)

Ground I. Did the Pennsylvania Courts err in 'denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C.S.A. § 9541, et seg., grants express authority to the Court to correct a sentence for persons "serving" illegal sentences?

II. Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition due to failing to apply the "void ab initio" doctrine to the statute found at 42 Pa.C.S.A. § 9718 deemed patently unconstitutional on its face and void to the instant case thereby requiring re-sentencing of Mr. Simms?

Question Presented (AI Summary)

Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C.S.A. § 9541, et seq., grants express authority to the Court to correct a sentence for persons 'serving' illegal sentences?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Shawn Michael Simms
Shawn Simms — Petitioner