No. 18-9730
Gerald S. Lepre, Jr. v. Pennsylvania, et al.
Response WaivedRelisted (2)IFP
Tags: circuit-split custody domestic-order federal-habeas-corpus habeas-corpus incarceration incarceration-threat personal-liberty suspended-sentence
Latest Conference:
2019-11-08
(distributed 2 times)
Question Presented (from Petition)
PURSUANT TO FEDERAL HABEAS CORPUS JURISDICTION UNDER 28 U.S.C. 2254 (A) FOR STATE PRISONER'S:
1. DOES A SUSPENDED SENTENCE COUPLED WITH AN ACTIVE DOMESTIC ORDER CONSTITUTE CUSTODY FOR PURPOSES OF RELIEF BECAUSE OF THE RESTRAINTS ON PERSONAL INTERESTS, LIBERTIES OR THREAT OF FUTURE INCARCERATION? AND
2. SHOULD THE CIRCUIT SPLIT IN WRIGHT v. BAILEY. 544 F.2d 737, 739 (4th CIR. 1976) AND UNITED STATES EX REL. DESSUS V. PENNSYLVANIA. 452 F.2d 557, 560 (3rd CIR. 1971) BE RESOLVED ON THIS ISSUE?
Question Presented (AI Summary)
Does a suspended sentence coupled with an active domestic order constitute custody for purposes of federal habeas corpus relief?
Docket Entries
2019-11-12
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2019-10-23
Motion DISTRIBUTED for Conference of 11/8/2019.
2019-10-15
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-03
Waiver of right of respondents Pennsylvania, et al. to respond filed.
2019-05-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2019)
Attorneys
Gerald Lepre
Gerald S. Lepre Jr. — Petitioner
Pennsylvania, et al.
Ronald Michael Wabby Jr. — Allegheny County Dist. Atty., Respondent