Brandon Shane Harris v. Oklahoma
DueProcess HabeasCorpus
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?
Whether petitioner's 27-year sentence for trafficking should be vacated or reduced to the 20-year statutory maximum