No. 20-5699

Abdur-Rashid Muhammad v. Nebraska

Lower Court: Nebraska
Docketed: 2020-09-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-error court-jurisdiction due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement void-conviction void-judgment
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-10-30
Question Presented (from Petition)

1. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying th'eePetitioner ' s
Petition For Writ Of Habeas Corpus & Emergency Ex'Parte Motion "For Bond Pending
Petition For Writ Of Habeas Corpus, when the Petitioner did show cause of action
for his discharge pursuant to Neb. Rev. Stat. § 29-2801?

2. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying the Petitioner
an Evidentiary Hearing on the facts that was presented in the Petitioner's
Petition? and was it Error to not grant that hearing pursuant to Neb. Rev. Stat. §
29-2805?

3. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying the Petitioner
his discharge pursuant to Neb. Rev. Stat. § 29-2801, once the Petitioner raised
the issue of the fact, that there was a Breach Of Plea Agreement that occurred
and thus was " PLAIN ERROR " that leaves the proceedings " VOID AND NULL " which
includes the Sentence, Judgment, Conviction and Commitments

4. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying the Petitioner
his discharge pursuant to Neb. Rev. Stat. § 29-2801, when the record shows that
the District Court Judge had charged the Petitioner with three VOID and UNCONSTIT
UTIONAL nonexisting Offense's, Indictment's and Information that don't exist on
the record, nor was put forth on the record as being apart of the Petitioner's
Contract/Plea Agreement, nor diditheVPetitioner agree to be charged and plead
guilty to those three " VOID AND NULL " Offense's, Indictment's & Information.

5. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying the Petitioner
his discharge pursuant to Neb. Rev. Stat. § 29-2801, when the record reflects
that there was no acceptance on the Petitioner's guilty plea to that VOID and
UNCONSTITUTIONAL " COUNT IV " ( ORIGINAL INFORMATION ).

6. DID THE DISTRICT COURT JUDGE ROBERT R, OTTE ERROR, In denying the Petitioner
his discharge pursuant to Neb. Rev. Stat. § 29-2801, when the record reflects

that the Court had accepted the Petitioner's guilty plea on a VOID and UNCONSTIT
UTIONAL nonexisting Offense, Indictment and Information on that " COUNT III OF
THE SECOND AMENDED INFORMATION

7. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying the Petitioner
his discharge pursuant to Neb. Rev. Stat. § 29-2801, when the record reflects
that the Petitioner was never charged with a " COUNT V ", but the Court is on
the record accepting a guilty plea to a " COUNT V

8. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying the Petitioner
his discharge pursuant to Neb. Rev. Stat. § 29-2801, when the District Court Of
Sarpy County

Question Presented (AI Summary)

issues-being-raised

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-16
Application (20A69) for bail, submitted to Justice Gorsuch.
2020-10-16
Application (20A69) denied by Justice Gorsuch.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-10-08
Waiver of right of respondent Nebraska to respond filed.
2020-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2020)

Attorneys

Abdur-Rashid Muhammad
Abdur-Rashid Muhammad — Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent