No. 19-6539

Dwayne Dumont Haizlip v. Joseph Valliere

Lower Court: Fourth Circuit
Docketed: 2019-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-challenge constitutional-law criminal-procedure drug-trafficking due-process fourteenth-amendment habitual-felon-law habitual-offender mandatory-sentencing sentencing
Latest Conference: 2019-12-06
Question Presented (from Petition)

I. The Federal Court, Question Presented is whether a Sentential Mandatory Sentence + Drug Trafficking Conviction; Sentence Versus N.C. Gen. Stat. 90-49 b. is Protected by Liberty and Due Process of Law Clause Fourteenth Amendment?

II. The Federal Court, Question Presented is whether the Due Process of Laws Clause Fourteenth Amendment Prohibits the Use of N.C. Gen. Stat. 90-95 (h) Chapter 960 Article 5 - That Could the Habitual Felon Law Be Used To Enhance The Mandatory Drug Trafficking Sentenced?

Question Presented (AI Summary)

Whether the federal court erred in upholding the petitioner's mandatory sentence for a drug-trafficking conviction under North Carolina General Statute 90-95(h), which the petitioner argues violates his due process rights under the Fourteenth Amendment

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
Waiver of right of respondent Joseph Valliere to respond filed.
2019-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2019)

Attorneys

Dwayne Dumont Haizlip
Dwayne Dumont Haizlip — Petitioner
Joseph Valliere
Clarence Joe DelForge IIINorth Carolina Department of Justice, Respondent