No. 21-5259

James Plas Sams v. Neil McDowell, Warden

Lower Court: Ninth Circuit
Docketed: 2021-08-02
Status: Denied
Type: IFP
IFP
Tags: class-of-one contracts-clause due-process equal-protection gender-discrimination habeas-corpus plea-agreement police-misconduct
Key Terms:
ERISA DueProcess
Latest Conference: 2021-10-08
Question Presented (from Petition)

1. The State may not selectively deny its protective services to certain minorities without violating the Equal Protection Clause. Petitioner's wife admitted on video tape to attempting to murder him in his sleep by pinning him down and crushing his windpipe. Police officers omitted the attempted murder from reports, fabricated a statement from Petitioner that he was not choked, along with other evidence. Did the officers' conduct violate the Equal Protection Clause as gender discrimination and on a class of one equal protection theory?

2. A criminal defendant has a due process right to enforce the terms of his/her plea agreement. In 1990 Petitioner entered an agreement with the State to plead guilty to a juvenile adjudication. Cal. Welf. & Inst. Code §203, promised a juvenile adjudication "shall not be deemed a conviction of a crime for any purpose." In 1994 the State changed the law to make adjudications into convictions. As existing law is part of every contract, did the change in the law breach the plea agreement and violate the Contracts Clause?

3. The Constitution, Art I §9, cl. 2, prohibits suspension of the writ of habeas corpus. The District Court's resolution of Petitioner's equal protection and Santobello claims were contrary to State, Ninth Circuit, and Supreme Court binding authority. Similarly, the Court of Appeals denial of a Certificate of Appealability was contrary to Slack v. McDaniel. Did the lower courts' rulings contrary to all binding authority constitute unconstitutional suspension of the writ of habeas corpus?

Question Presented (AI Summary)

Question not identified

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2021)

Attorneys

James Plas Sams
James Sams — Petitioner