Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden
DueProcess
Was Petitioner subject to the release conditions of probation while he was in prison?
Does the statute which defines probation as "a procedure by which a defendant found guilty of a crime ... is released by the court subject to conditions imposed by the court and subject to supervision " provide Petitioner fair warning that he would be subject to probation conditions while he was in prison?
Was the state court 's novel construction of the probation statute that Petitioner was subject to "probation " while he was in prison a violation of due process?
Was it reasonably foreseeable to Petitioner that he would be subject to the release conditions of probation while he was in prison?
Was defense counsel ineffective when counsel stipulated to the law cited by the State that Petitioner was subject to the conditions of probation while he was in prison, which the State later conceded was incorrect.
Was the district court and the appeal court incorrect when they found that Petitioner warned by the state judge that he would be subject to the release conditions of probation while he was in prison when the judge (Judge Kenneth Watson) has issued an Affidavit which flately contradicts such finding and states that he did not issue any such warning?
Was Petitioner subject to the release conditions of probation while he was in prison?