No. 20-5393

Timothy McCullough v. Jeff Dennison, Warden

Lower Court: Seventh Circuit
Docketed: 2020-08-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-law constitutional-rights criminal-procedure due-process jurisdiction sentencing void-for-vagueness
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Does the sentencing courthave Jurisdictionto Sentence a defen dant
to a statute void of judgment,un-enforceable undar the Constitution?
charging, sentencing instrument wos vord af judgment?

3.Can the Petifioner's right to relief from an uarconstitutionalsentence
be time-barred by the State?
4. Does a Defendant loose,or forfit his/her right to the due Process of the
Constitutian based upun the enforcement of a Public-Act enforce d by the Lower
Court?
.
in which other criminal defendant's are removed from, as being un-eonstitutional, and void legislative; Judicialenforcement?
b. Does a Petitisner loose his/her right to challenge a criminal conviction,or
sentence, upon later discovery of Exculpatorif Evidence violations, eommit.
ted by the State, in violation of the Cinstitutional right of the Defendant?
7. Oues a Petitisner loose his/her right to challenge a eriminaleonviction, later
discoverd to be un-eanstitutiunal by the Su preme Court?
8. Does the Sentencing Court; or the Court of Appeals, have the authority;
Supreme Courtiand the United States Constitution?.
9. Can the Lonsttutional eight to due Prucess for a Criminal defenelant be
Effective Assistance of Counsil Cluim?

Question Presented (AI Summary)

Does the Sentencing court have jurisdiction to sentence a defendant under a statute void or judgment unenforceable under the Constitution?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
DISTRIBUTED for Conference of 9/29/2020.
2020-08-24
Waiver of right of respondent Jeff Dennison to respond filed.
2020-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2020)

Attorneys

Jeff Dennison
Michael Marc Glick — Respondent
Timothy McCullough
Timothy McCullough — Petitioner