No. 19-8426

Shawn M. Twitty v. Indiana

Lower Court: Indiana
Docketed: 2020-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amelioration-doctrine criminal-procedure criminal-sentencing doctrine-of-amelioration due-process fundamental-fairness res-judicata sentencing statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-06-25
Question Presented (from Petition)

Whether a sentence is manifestly erroneous because the Doctrine of Amelioration allows for that sentence to be controlled by a newly amended version of a criminal statute, enacted before the sentence was imposed, rather than the older statutory provisions; and

Whether such sentence, being manifestly erroneous — as it would violate the statutory authority that governs it — may be challenged at any time, because it new cannot be waived and, hence, is not subject to the limiting Doctrine of Res Judicata ?

Question Presented (AI Summary)

Whether a sentence is manifestly erroneous because the Doctrine of Amelioration allows for that sentence to be controlled by a newly amended version of a criminal statute, enacted before the sentence was imposed, rather than the older statutory provisions

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-08
Waiver of right of respondent Indiana to respond filed.
2020-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2020)

Attorneys

Indiana
Stephen Richard Creason — Respondent
Shawn M. Twitty
Shawn M. Twitty — Petitioner