No. 19-5367

Ralph Arthur Duarte v. California

Lower Court: California
Docketed: 2019-07-29
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment due-process equal-protection habeas-corpus hicks-v-oklahoma liberty-interest people-v-vargas retroactive-application retroactivity three-strikes three-strikes-law
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2019-10-01
Question Presented (from Petition)

WHETHER PETITIONER WAS DENIED DUE PROCESS OF LAW* WHEN
THE STATE COURT COURT SENTENCED HIM TO SPEND 30 YEARS TO LIFE
IN STATE PRISON, UNDER A "THREE-STRIKES" LAW THEORY THAT WAS
SUBSEQUENTLY CLARIFIED FIVE YEARS AFTER HIS SENTENCE BY
PEOPLE V. VARGAS (2014)59 Cal.4th 635, WHICH WOULD BENEFICIALLY
MANDATE A NON-LIFE
( CLARIFI,CAT.iQN^IS APPLIED RETROACTIVELY UNDER STATE LAW (-See
HICKS V. OKLAHOMA (1980)447 U.S. 343, 346; 14th AMEN DMENT'TO
THE U.S. CONSTITUTION) ?

WHETHER PETITIONER WAS DENIED EQUAL PROTECTION OF THE LAW
WHEN THE POST-CONVICTION STATE COURTS ARBITRARILY DENIED HIS
STATE HABEAS CLAIMS, CLASSIFYING PETITIONER AS A "THIRD-STRIKER"
UNDERRAN ADMITTEDLY ILLEGAL "THREE-STRIKES" THEORY THAT WAS
SUBSEQUENTLY CLARIFIED FIVE YEARS AFTER HIS ORIGINAL
( LI FE)~SENTENCE~BY ~PE0PL'E~V7 —VARGAS~ SUPRA~~AUSO~IGNORING~' ~
THAT THE RES JUDICATA DOCTRINE DID NOT BAR HABEAS
RELIEF BECAUSE THE LIBERTY-INTEREST CREATED BY THE
COMPELLED RESENTENCING VARGAS DECISION CHANGED THE LAW, __
(See HICKS V. OKLAHOMA (1980)447 U.S. 343, 346; 14th AMENDMENT TO
THE U.S. CONSTITUTION) ? *— ^

WHETHER UNDER THE CIRCUMSTANCES OF THIS CASE, SHOULD THIS
SUPREME COURT EXERCISE ITS "G.V.R." DISCRETION, REMANDING
THIS CASE BACK TO THE STATE COURT SO THAT THEY PROPERLY
APPLIED THE CLARIFIED "THREE-STRIKES" LAW THAT VARGAS CREATED,
AS TO AVERT A MISCARRIAGE OF JUSTICE WHERE PETITIONER SITS IN
STATE PRISON TO AN ILLEGAL 30 YEARS TO LIFE SENTENCE
(See LORDS LANDING VILLAGE V. CONTINENTAL INS. CO.(1997)
520 U.S. 893, 896)?

Question Presented (AI Summary)

whether-petitioner-was-denied-due-process-of-law

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2019)

Attorneys

Ralph Arthur Duarte
Ralph Duarte — Petitioner