No. 20-7639

Joseph A. Harris v. Michael Pacheco, Warden

Lower Court: Tenth Circuit
Docketed: 2021-04-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation corrections department-of-corrections due-process inmate-rights judicial-authority judicial-review sentencing sentencing-authority separation-of-powers
Latest Conference: 2021-04-23
Question Presented (from Petition)

1.) Is the Department of Corrections above the Judicial Branch in such a way that it may increase a judicially given Maximum sentence without judicial order?

2.) Can the Department of Corrections uphold a "lawful violation " disciplinary on an inmate when a judge says the inmate did not commit the crime?

3.) Has the Department of Corrections violated the inmate 's fundamental liberties without the required due process of law?

4.) Was this violation done for purpose of religious discrimination?

5.) Were the Courts decisions conflicted with previous holdings of their own Court, other appellate Courts, and the U.S. Supreme Court 's mandate?

6.) Is the Department of Corrections imposing an illegal restraint on Mr. Harris?

Question Presented (AI Summary)

Is the Department of Corrections above the Judicial Branch in such a way that it may increase a judicially given Maximum sentence without judicial order?

Docket Entries

2021-04-26
Petition DENIED.
2021-04-08
DISTRIBUTED for Conference of 4/23/2021.
2021-04-02
Waiver of right of respondent Michael Pacheco to respond filed.
2021-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2021)

Attorneys

Joseph A. Harris
Joseph A. Harris — Petitioner
Michael Pacheco
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent