No. 20-285

Herman Tracy Clark v. Jerold Braggs, Warden

Lower Court: Tenth Circuit
Docketed: 2020-09-03
Status: Denied
Type: Paid
Tags: aedpa-restriction commutation due-process fourteenth-amendment habeas-corpus impartiality liberty-interest pardon pardon-and-parole parole statutory-interpretation
Latest Conference: 2020-11-06
Question Presented (from Petition)

Whether the word "shall " binds the Oklahoma Pardon and Parole Board
decision that must be pursued in the ordinary mode prescribed by law, to
be adapted to the end to be attained in respect to the justice of the
Governor who has the sole power to grant commutation subject to the
regulations prescribed by law to protect Petitioner 's liberty interest
under the Due Process Clause of the Fourteenth Amendment?

Whether impartiality binds the Pardon and Parole Board is-to preserve
the impartiality of the state and preserve the appearance of the
impartiality of the state in respect to the Petitioner 's interest in the
reason for the Pardon and Parole Board 's decision?

And, do a 28 U.S.C. § 2254 AEDPA restriction also bar grieving the
Government for redress of the Pardon and Parole Board 's commutation
and parole consideration procedure challenging the duration of his
physical imprisonment by way of a 28 U.S.C. § 2241, relief seeking a
determination that entitles immediate release or a speedier release with a
definite sentence?

Question Presented (AI Summary)

Whether the word 'shall' binds the Oklahoma Pardon and Parole Board decision

Docket Entries

2020-11-09
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-02-26
Petition for a writ of certiorari filed. (Response due October 5, 2020)

Attorneys

Herman Tracy Clark
Herman T. Clark — Petitioner