No. 21-6438

David Lee Smith v. North Carolina

Lower Court: North Carolina
Docketed: 2021-11-30
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights due-process emergency-powers executive-order habitual-offenders incarceration pandemic-response public-health sentencing
Latest Conference: 2022-02-18
Question Presented (from Petition)

IS A CLASS OF CONVICTED HABITUAL FELONS, THAT HAVE COMPLETED THEIR LAWFUL MAXIMUM SENTENCES, ENTITLED TO IMMEDIATE UNCONDITIONAL RELEASES IN ORDER TO AVOID SERVING THE UNLAWFULLY ENHANCED PORTION OF THEIR SENTENCES, IN THE MIDST OF THE DEADLY CORONA VIRUS PANDEMIC AND EVENT DEADLIER (HTH) HAVE DELTA VARIANT?

IF A GOVERNOR DECLARES STATE OF EMERGENCY DUE TO RAPID SPREADING DEADLY CORONA VIRUS AND ISSUES ORDERS FOR SOCIAL DISTANCING AND REDUCED CAPACITY ARE ALL HABITUAL FELONS CONVICTS THAT COMPLETED THEIR MAXIMUM LAWFUL SENTENCES, ENTITLED TO UNCONDITIONAL RELEASES, IF THEIR CUSTODIAN 19-MONTHS LATER RESULTS IN (6) DEATHS AND OVER 218 LUNG INFECTIONS, IN A (7) MONTH PERIOD OF YEAR 2020?

IS A GROUP OF PENDER CORRECTIONAL CONVICTED HABITUAL FELONS, THAT COMPLETED THEIR LAWFUL MAXIMUM PRISON SENTENCES, ENTITLED TO AN EMERGENCY U.S. SUPREME COURT INJUNCTION TERMINATING THEIR SENTENCES, BECAUSE THEIR CUSTODIAN REFUSED TO COMPLY WITH GOVERNOR'S EXECUTIVE ORDERS FOR SOCIAL DISTANCING AND REDUCED CAPACITY, THAT RESULTED IN (6) DEATHS AND OVER 218 LUNG INFECTIONS, IN A (7) MONTH PERIOD 2020?

IS N.C. GOVERNOR COOPER OBLIGATED TO ISSUE AN EMERGENCY EXECUTIVE ORDER TO CONSOLIDATE ALL N.C. HABITUAL FELON CONVICTS' CONSECUTIVE SENTENCES AFTER HIS FAILURE TO TAKE THIS ACTION IN 2020, ALMOST A THOUSAND HABITUAL FELON CONVICTS CAUSED DEATHS?

Question Presented (AI Summary)

Is a class of convicted habitual felons that have completed their lawful maximum sentences entitled to immediate and unconditional release in order to avoid severe the unlawfully enhanced portion of their sentences, the midst of the deadly COVID-19 pandemic and even earlier Delta variant?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2021-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2021)

Attorneys

Dabid Lee Smith
David L. Smith — Petitioner