No. 20-6635

Daion J. Williams v. Michele Wilhelm, Warden, et al.

Lower Court: Nebraska
Docketed: 2020-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-attack constitutional-rights due-process habeas-corpus judicial-error jurisdiction statutory-interpretation unconstitutional writ-of-review
Key Terms:
DueProcess
Latest Conference: 2021-01-15
Question Presented (from Petition)

1. DID THE DISTRICT COURT JUDGE ANDREW R. JACOBSEN ERROR, In denying the Petitioner's
Petition For Writ Of Habeas Corpus pursuant to Neb. Rev. Stat. § 29-2801, when the
Petitioner did show cause of action for discharge pursuant to Neb. Rev. Stat. § 292801?

2. DID THE DISTRICT COURT JUDGE ANDREW R. JACOBSEN ERROR, In denying the Petitioner's
Petition For Writ Of Habeas Corpus without granting an Evidentiary Hearing pursuant
to Neb. Rev. Stat. § 29-2805?

3. DID THE DISTRICT COURT JUDGE ANDREW R. JACOBSEN ERROR, In denying the Petitioner's
Petition For Writ Of Habeas Corpus, when there was a Jurisdictional Error present
in the Petitioner's Petition?

4. DID THE COURT OF APPEALS FOR THE STATE OF NEBRASKA ERROR, In denying the Petitioner
relief pursuant to Neb. Rev. Stat. § 29-2801?

5. DID THE COURT OF APPEALS FOR THE STATE OF NEBRASKA ERROR, In sustaining the Appellee's
Motion For Summary Affirmance, even-though the Court Of Appeals For The State Of
Nebraska cannot determine the Constitutionality of a Statute?

6. DID THE NEBRASKA SUPREME COURT ERROR, In denying the Petitioner's Petition For
Further Review in this matter without an Appealable answer?

7. DID THE NEBRASKA SUPREME COURT ERROR, by giving an Unconstitutional and Erroneous
Order in this matter, that failed to state a reason for that denial?

8. IS THE NEB. REF. STAT. § 29-2801 UNCONSTITUTIONAL, When the Petitioner was denied
the rights of the Writ, even-though the Petitioner raised a Collateral Attack?

9. IS THE NEB. REV. STAT. § 29-2801 UNCONSTITUTIONAL, When the Statutory language is
" ambiguous " because it is susceptible to more than one reasonable interpretation?

10. WAS THE ORDER'S IN THE LOWER COURT'S UNCONSTITUTIONAL, when the decision 's in
this matter to deny the Petitioner relief is contrary to clearly established federal
law under the habeas statute?

Question Presented (AI Summary)

Did the district court judge error in denying the petitioner's habeas corpus petition?

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-23
Waiver of right of respondent Wilhelm, Warden, et al. to respond filed.
2020-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2021)

Attorneys

Daion J. Williams
Daion J. Williams — Petitioner
Wilhelm, Warden, et al.
James A. CampbellNebraska Attorney General's Office, Respondent