No. 21-6832

Douglas D. True v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Arkansas
Docketed: 2022-01-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence constitutional-mandate due-process guilty-plea habeas-corpus jurisdiction plea-voluntariness supreme-court-review
Latest Conference: 2022-03-04
Question Presented (from Petition)

1) Has the Supreme Court overruled Boykin v. Alabama, 395 U.S. 238 holding that there was reversible error where the record did not disclose that the defendant voluntarily and understandingly entered his pleas of guilty?

2) Does Boykin v. Alabama 395 U.S. 238 impose a constitutional mandate upon the State Courts requiring them to determine the voluntariness of a guilty plea and create a record of the plea proceedings to ensure that defendants are afforded their 5th Amendment right to due process?

3) Has the Supreme Court of Arkansas unconstitutionally and effectively suspended the writ of habeas corpus, without authorization, by holding that unless a petitioner alleges actual innocence and proceeds under Article 1 of 2-1, the writ will not issue unless a petitioner shows that his/her judgment and commitment order is invalid on its face, or that the trial court lacked jurisdiction over the case, and should the Court be restored to expand the scope of its habeas review to ensure petitioners receive the full privilege of the writ guaranteed by the federal and state constitutions?

Question Presented (AI Summary)

whether-the-supreme-court-overruled-boykin-v-alabama

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-10
Waiver of right of respondent Dexter Payne, Director, Arkansas Division of Correction to respond filed.
2021-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2022)

Attorneys

Dexter Payne, Director, Arkansas Division of Correction
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Douglas D. True
Douglas D. True — Petitioner