No. 19-5060

Derrick Washington v. Carol A. Mici, Commissioner, Massachusetts Department of Correction

Lower Court: First Circuit
Docketed: 2019-07-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 8th-amendment anti-terrorism anti-terrorism-act anti-terrorism-effective-death-penalty-act constitutional-review cruel-and-unusual-punishment death-penalty due-process habeas-corpus incarceration life-without-parole sentencing
Key Terms:
DueProcess FourthAmendment HabeasCorpus Punishment Privacy
Latest Conference: 2019-10-01
Question Presented (from Petition)

1: Is Congress' 1996 Anti-Terrorism Effective Death Penalty Act (AEDPA) unconstitutional, as it unnecessarily snuffs out convicted persons abilities to seek review of an erroneous conviction, subjecting them to a cruel and unusual penalty of punishment through unjustifiable incarceration?

2. Life Without the.possibility of Parole (Lwop) prison sentences constitutes an unconstitutional, state sanctioned practice of indefinite slavery, violating the U.S. Constitution's Article IV Section 4, 5th, 8th, 9th, 10th, 13th, 14th, 15th, and 19th Amendents.

Question Presented (AI Summary)

Is Congress' 1996 Anti-Terrorism Effective Death Penalty Act (AEDPA) unconstitutional, as it unnecessarily snuffs out convicted persons' abilities to seek review of an erroneous conviction, subjecting them to a cruel and unusual penalty of punishment through unjustifiable incarceration?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-09
Waiver of right of respondent Mici, Comm'r, MA DOC to respond filed.
2019-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2019)

Attorneys

Derrick Washington
Derrick Washington — Petitioner
Mici, Comm'r, MA DOC
Thomas E. BocianOffice of the Massachusetts Attorney General, Respondent