No. 21-6774

Brandon Shane Harris v. Oklahoma

Lower Court: Oklahoma
Docketed: 2022-01-07
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 4th-amendment 5th-amendment 6th-amendment due-process ex-post-facto
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-03-04
Question Presented (from Petition)

IN JANUARY 2021, PETITIONER WAS SENTENCED TO TWENTY-SEVEN (27) YEARS IN THE CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS FOR TRAFFICKING PURSUANT TO 63 O.S., § 2-415, WHICH BECAME EFFECTIVE ON NOVEMBER 1, 2018, SPECIFICALLY SETTING THE MAXIMUM PENALTY FOR TRAFFICKING TO TWENTY (20) YEARS, WHICH IS CLEARLY STATED IN 63 O.S., § 2-415(D)(1)). THE SENTENCING COURT SENTENCED PETITIONER TO A TERM OF IMPRISONMENT THAT IS GREATER THAN THE MAXIMUM ALLOWED BY OKLAHOMA LAW, WHICH NOT ONLY CREATES A SEVERE VIOLATION OF EX POST FACTO LAW, BUT HARMS PETITIONER'S DUE PROCESS RIGHTS AS STATED IN UNITED STATES CONSTITUTION AMENDMENTS 4, 5, 6, AND 14.

SHOULD PETITIONER'S SENTENCE OF TWENTY-SEVEN (27) YEARS BE VACATED AND/OR REDUCED TO A TERM THAT IS EQUAL OR LESS TO THE CURRENT MAXIMUM PENALTY OF TWENTY (20) YEARS?

Question Presented (AI Summary)

Whether petitioner's 27-year sentence for trafficking should be vacated or reduced to the 20-year statutory maximum

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2021-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2022)

Attorneys

Brandon Shane Harris
Brandon Shane Harris — Petitioner