No. 19-8591

Frederick Pennington, Jr. v. Dexter Payne, Director, Arkansas Division of Correction, et al.

Lower Court: Eighth Circuit
Docketed: 2020-06-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: discovery-motions exonerating-evidence habeas-corpus juvenile-jurisdiction new-evidence post-conviction-relief post-conviction-remedies prosecutorial-misconduct sentencing sentencing-hearing
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Does the improper waiver of Exclusive Juvenile Jurisdiction, (Title 47 Arkansas Code Annotated 45-413(1977)), allow for the dismissing of the previous conviction^and call for a new trial?

2. Does the discovery of new exonerating evidence, that had been withheld by the Prosecution, and uncovered at a Amended Sentencing Hearing, grant the defendant the Right of a Second in Time Petition for Habeas Corpus?

3. Does the discovery of new exonerating evidence, that had been withheld by the Prosecution, and uncovered at a Amended Sentencing Hearing, wipe clean the slate of Post Conviction Remedies?

4. Does the discovery of new exonerating evidence, that had been withheld by the Prosecution, and uncovered at a Amended Sentencing Hearing, grant the Defendant the Right to Motions of Discovery?

5. Because of Arkansas Code Annotated 16-93-604(c) }is Petitioner Pennington in the state of being Max Flat?

Question Presented (AI Summary)

Question not identified

Docket Entries

2020-10-05
Petition DENIED.
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-07-02
Waiver of right of respondent Payne, Dir., AR DOC, et al. to respond filed.
2020-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2020)

Attorneys

Frederick Pennington
Frederick Pennington — Petitioner
Payne, Dir., AR DOC, et al.
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent