No. 19-6928

Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction

Lower Court: Eighth Circuit
Docketed: 2019-12-12
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing
Key Terms:
HabeasCorpus
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (from Petition)

1. By the exception of Martinez V. Ryan (32 S.Ct. 1309 (2012), Petitioner's inability to meet the one year time limitation under CAEDPA in Habeas corpus Proceedings is directly related to the lack of counsel assistance in Initial collate review (Rule 3) Proceedings, wherefore was this not adequate enough reason for U.S. District court to have excused procedural default.

2. Did the Arkansas supreme court err in not granting Petitioner's timely filed motion for extension of time, violating his 14 Amendment to due Process for he made it aware he was ill equipped, selling a copy of his transcript and motion of discovery, thus having to act abstractly, due to ineffective assistance stemming from non ICH.

3. Should petitioner not have been granted relief in U.S. District court and resentenced in accord with AR.ST. 16-93-621(c)(a), of the "Fair sentencing of Minors Act OF 2017" ACT 539, S.B. 294, thus making his current sentence an excessive one, inflicting cruel and unusual punishment, violating the 8 constitutional Amendment (Bail-Punishment. And should it not have been regarded as a rule in habeas corpus Proceedings by 28 U.S.C. 1652, State laws as rules of decision, and established as a new rule by Teague V. Lane, 489 U.S. 288 (1989).

4. Does 28 U.S.C. 1658(a) not make allowance for the challenge of the "Fair Sentencing of Minors Act of 2017" to have been ruled timely in habeas corpus proceedings.

Question Presented (AI Summary)

Whether the petitioner was denied effective assistance of counsel and due process under the Sixth and Fourteenth Amendments when the district court failed to adequately address his claims of ineffective assistance of counsel and denied his motion to vacate his sentence under 28 U.S.C. 2255

Docket Entries

2020-05-04
Rehearing DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-04-11
Petition for Rehearing filed.
2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-10
Waiver of right of respondent Wendy Kelley to respond filed.
2019-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2020)

Attorneys

Lee Lofton
Lee Dale Lofton Jr. — Petitioner
Wendy Kelley
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent