No. 21-5164

Larry G. Coker v. Alabama

Lower Court: Alabama
Docketed: 2021-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment amendment-violation constitutional-rights criminal-sentencing cruel-and-unusual-punishment double-jeopardy due-process illegal-indictment sentencing sex-offender-registration
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (from Petition)

(A) That Judge Hili re-sentenced Coker to 25 years on uct. 2008/ which was 5 tiroes the amount aiioweo dv iaw/ cruei and unusual punishment/ violated 8th Amendment of U.S. Constitution/ aqainst Coker.

(B) The charqe was for not reqisterinq as a sex offender/ based on Coker 's old 1979 enticinq for indecent purposes over in Cobb County Superior Court/ Marittaz Georqia: illegal Indlcment by them .

(C) That the St Clair County Grand Jury did illeqallv and unlawfully re-indict Coker of the Ent/for/Ind/purposes on or about June-2007/ of Cobb County Superior Court-1979..

(D) That the D.A. of St Clair County, Pell City, ACA did re-try and re-convict Coker on approx. June 2008- and got Coker- re-convicted of the Ent/for/Ind/purposes again the second time In violation of the Fifth Amend. Double jeopardy Clause, and deprived him of its protection.

(E) That the Ai Court Crim. Appeals aid reverse the Appellant Cpker 's case no.: CR-15-1177 on Dec. 2016, and ordered Coker a new hearing m St Clair County Cir. Court.

(F) That the St Clair County Cir. Court, D.A. and Judge Weathington on Aug. 2017, did illegally and unlawfully re-enhance Coker 's sentence to 25 years aqain on approx. Sept. 2017, even though tney knew full well that the Al legislature had created a law that abolished AI. enhancement Act 446, on Oct. 2013, from 1980 forward, ana Gov. Ivey siqned it into law.

(G) That the Enhancement iaw St Ciair County used on Coker in Aug. 2017 is void, and Coker's sentence is now ilieqai and unlawful bv operation of the Oct. 2013 abolishing of AL Enhancement Act 446, by the AL Legislature and Gov. Ivey.

(H) That ail the above stated did violate the Appellant U.S. Const. Amend. Rights of 1st, 5th, utn, and i4tn Amend. 's ana aia deprive the Appellant of them.

(I) That there is no Triai transcript, ana never have been one.

Question Presented (AI Summary)

Whether the re-sentencing of the petitioner to 25 years, which exceeded the lawful sentence, violated the 8th Amendment prohibition on cruel and unusual punishment

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-18
Waiver of right of respondent State of Alabama to respond filed.
2021-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2021)

Attorneys

Larry G. Coker
Larry G. Coker — Petitioner
State of Alabama
Marc Alan StarrettState of Alabama Attorney General, Respondent