No. 19-8260

Alvin Fulton v. New York

Lower Court: New York
Docketed: 2020-04-15
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses
Key Terms:
DueProcess Securities
Latest Conference: 2020-06-11
Question Presented (from Petition)

1. the usages and principles of law Whether the State of New York Court of Appeals has decided an important federal question in a way that conflicts with the & post facto clause

2. Whether the State of New York Statute is punitive where it encreased classification of the offense of "Course of seual conduct against a child in the first degree"from an non-violent felony offense to an violent felony offense and thereby increased punishment from an inditerminate maximum Sentence of 12 to 25 years imprisoment to an determinate maximum Sentence of 2s years imprisonment followed by 5 years postrelease Supervision

3. Whether an error of law or fact occurred below that constitutes a fundamental defect which inherently resulted in a complete miscarriage of justice

4. whether Petitioners current sentence of 25 years imprisonment followed by s years postrelease supervision is manifestly erroneous

Question Presented (AI Summary)

Whether issuance of the writ is agreeable to the usages and principles of law, whether the State of New York Court of Appeals has decided an important federal question in a way that conflicts with the Ex Post Facto Clause, whether the State of New York statute is punitive where it increased classification of the offense of 'Course of sexual conduct against a child in the first degree' from a non-violent felony offense to a violent felony offense and thereby increased a punishment, whether an error of law or fact occurred below that constitutes a fundamental defect which inherently resulted in a complete miscarriage of justice

Docket Entries

2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2020)
2019-12-05
Application (19A627) granted by Justice Ginsburg extending the time to file until February 3, 2020.
2019-11-22
Application (19A627) to extend the time to file a petition for a writ of certiorari from December 5, 2019 to February 3, 2020, submitted to Justice Ginsburg.

Attorneys

Alvin Fulton
Alvin Fulton — Petitioner