No. 21-5313
Response WaivedIFP
Tags: collateral-review constitutional-law criminal-procedure federal-retroactivity-test retroactivity second-degree-murder state-v-ronald-smith sudden-quarrel-provocation supreme-court-review teague-standard
Key Terms:
ERISA DueProcess HabeasCorpus JusticiabilityDoctri
ERISA DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference:
2021-09-27
Question Presented (from Petition)
1. Whether, the Nebraska Supreme Court's decision not to hold Ronald-Smith retroactive to cases on collateral review confines Petitioner to a lesser remedy than what the U.S. Constitution and Teague v. Lane demand, where,-as here, that Court employed the Federal Retroactivity Test?
2. Whether the Federal Constitution requires that Petitioner's convictions and sentences be set aside in light of State v. Ronald-Smith?
Question Presented (AI Summary)
Whether the Nebraska Supreme Court's decision not to hold State v. Ronald-Smith retroactive confines the petitioner to a lesser remedy than what the U.S. Constitution and Teague v. Lane demand
Docket Entries
2021-10-04
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8.
2021-09-10
Waiver of right of respondent Nebraska to respond filed.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-06
Application (21A18) to file petition for writ of habeas corpus in excess of page limits granted by Justice Kavanaugh. The petition for writ of habeas corpus may not exceed 54 pages.
2021-06-23
Application (21A18) to file petition for writ of habeas corpus in excess of page limits, submitted to Justice Kavanaugh.
2021-06-23
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Attorneys
In Re Juan Luis Leonor
Juan Luis Leonor — Petitioner
Nebraska
James A. Campbell — Nebraska Attorney General's Office, Respondent