No. 19-8872

James Henry Simpson v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2020-07-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process eighth-amendment excessive-fines fourteenth-amendment incorporation
Latest Conference: 2020-09-29
Question Presented (from Petition)

Does 28 U.S.C § 2254 (b)(1) permit a petitioner to waive the state exhaustion requirement if circumstances exist that make the state corrective process ineffective to protect the petitioner's constitutional rights?

2. Is this court's rulings in the cases Redd v. Chappell, 57 U.S. 1041 and Duckworth v. Serrano, 454 U.S. 13, 102 S.Ct 18, 70 L.Ed 2d (981), legally controlling if the chief Justice of a state's supreme court is criminally complicit?

Question Presented (AI Summary)

Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-24
Waiver of right of respondent Harold Clarke to respond filed.
2020-06-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2020)

Attorneys

Harold Clarke
Toby Jay HeytensOffice of the Attorney General, Respondent
Henry James Simpson
James Simpson — Petitioner