No. 20-8380

David Simmons v. Earl Houser, Superintendent, Goose Creek Correctional Center

Lower Court: Ninth Circuit
Docketed: 2021-06-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment administrative-remedies civil-procedure constitutional-claim dna-registration due-process ex-post-facto retroactive-application state-supreme-court
Latest Conference: 2021-09-27
Question Presented (from Petition)

WHETHER THE DISTRICT COURT ERRED IN FAILING
TO GIVE DEFERENCE TO THE STATE SUPREME,COURT'S
DETERMINATION THAT PETITIONER'S ADMINISTRATIVE
REMEDIES HAD BEEN EXHAUSTED.

WHETHER THE DISTRICT ;COURT ERRED IN REFUSING
TO CONSIDER PETITIONER'S CONSTITUTIONAL CLAIM
VIOLATIONS: THAT THE STATE SUPREME COURT'S RE
TROACTIVE CONSTRUCTION OF THE 2003 AMENDMENT,TO
THE ALASKA DNA I.D. REGISTRATION ACT,AS; APPLIED,.
TO PETITIONER, WHOSE CONVICTION PRE-DATED THE
OPERATION OF THE DIRECTIVES OF THE STATUTE WHICH
CAME INTO 3EING AS AN EXISTING LAW, AND PUNITIVE
-LY SANCTIONED NONE COMPLIANCE, WITHOUT OFFEND
ING r THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT
AND THE EX POST FACTO C..CLAUSES OF THE UNITED
STATES CONSTITUTION-ART l,SECT£ON 10.

Question Presented (AI Summary)

Whether the district court erred in failing to give deference to the state supreme court's determination that petitioner's administrative remedies had been exhausted

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-29
Waiver of right of respondent Superintendent Houser to respond filed.
2021-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2021)

Attorneys

David Simmons
David Simmons — Petitioner
Superintendent Houser
Patti ShakeAlaska Attorney General's Office, Respondent