No. 19-8897

David Lee Smith v. North Carolina

Lower Court: North Carolina
Docketed: 2020-07-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-challenge covid-prison-conditions due-process emergency-relief fair-trial ineffective-assistance-of-counsel prisoner-rights pro-se pro-se-petition sentencing sentencing-review
Latest Conference: 2021-01-15 (distributed 2 times)
Question Presented (from Petition)

ARE PRO-SE PETITIONER'S ENTITLED TO COURTS' LIBERAL CONSTRUCTION OF THEIR COURT PAPERS OR FAIR AMENDMENT?

IF PROSECUTOR PRESENT ED NO EVIDENCE PETITIONER PLANNED TO KILL VICTIMS HE OR SHE ENTITLED TO REDUCTION OF LIFE/PAROLE SENTENCE TO TIME SERVED AND RELEASE, AFTER HE OR SHE SERVED OVER 10-YEARS IN PRISON?

IS A 63-YEAR OLD PETITIONER, WITH 8TH GRADE EDUCATION, ENTITLED TO DISTRICT COURT LIBERAL CONSTRUCTION OF HIS PROSE WISH PETITION, AS CLAIM OF INNOCENCE, WHEN PROSECUTOR PROVED DEGREE MURDER AND PETITIONER'S CUSTODIAN FAILED TO PROVIDE LAW LIBRARY OR PARA-LEGAL TO ASSIST HIM IN PREPARING THIS COMPLAINT?

Question Presented (AI Summary)

Whether a pro se petitioner is entitled to a liberal construction of their court papers or fair amendment, when the prosecutor presented no evidence that the petitioner planned to kill the victim, and whether the petitioner is entitled to reduction of life without parole sentence to time served and release after serving over 20 years in prison

Docket Entries

2021-01-19
Rehearing DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-10-09
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2020)

Attorneys

David Lee Smith
David Lee Smith — Petitioner