No. 19-6605

Sean M. Donahue v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-infirmity due-process first-amendment fourteenth-amendment post-conviction-relief short-sentence standing state-courts statutory-construction
Latest Conference: 2020-01-10
Question Presented (from Petition)

Q1. ARE THE FOLLOWING PENNSYLVANIA STATUTES CONSTITUTIONALLY
18 Pa. C.S. §2709(a)(4);
42 Pa C,S. §9542;
42 Pa. C.S. §9543(a)(l)(i);
42 Pa. C.S. §9545(b)(4);
42 Pa. C.S. §9545(a);
42 Pa. C.S. §9545<b)(l).INFIRM?

Q2. SHOULD A COMMON LAW REMEDY FOR POST CONVICTION APPEAL
UNDER THE FIRST AND FOURTEENTH AMENDMENTS OF THE US . ,s
CONSTITUTION BE MADE AVAILABLE BY THE PENNSYLVANIA STATE
COURTS TO PETITIONERS WHO FACE A SHORT SENTENCE
CIRCUMSTANCE IN PENNSYLVANIA?

Q3. SHOULD A COMMON LAW REMEDY FOR POST CONVICTION APPEAL
UNDER THE FIRST AND FOURTEENTH AMENDMENTS OF THE US :• YES
CONSTITUTION BE MADE AVAILABLE BY THE US COURTS TO
T lOP'LPETITIONERS WHO FACE A SHORT SENTENCE CIRCUMSTANCE IN
PENNSYLVANIA?

Question Presented (AI Summary)

Are the following Pennsylvania statutes constitutionally infirm?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-02
Waiver of right of respondent Pennsylvania to respond filed.
2019-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)
2019-11-05
Application (19A488) granted by Justice Alito extending the time to file until January 5, 2020.
2019-10-30
Application (19A488) to extend the time to file a petition for a writ of certiorari from November 6, 2019 to January 5, 2020, submitted to Justice Alito.

Attorneys

Pennsylvania
Ryan H. LysaghtDauphin County District Attorney's Office, Respondent
Sean M. Donahue
Sean M. Donahue — Petitioner