No. 21-7763

Randolph Ashford v. South Carolina

Lower Court: South Carolina
Docketed: 2022-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment amendment-rights constitutional-rights court-jurisdiction criminal-procedure due-process indictment indictment-procedure subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2022-06-02
Question Presented (from Petition)

Was Petitioner's 5th, 6th, and 14th, Amendment Rights of the
U.S. Constitution, Due Process Rights violated, by the pro
cedural defects in the establishing of the indictment, not
being filed with the Clerk of Court, Prior to presentment to
the Grand Jury .

Was the Court of General Sessions, by the laws of the State/
Federal Constitution, legally indict Petitioner in the Court
of Common Pleas on April 2007 and May of 2007, Terms of Court.

Was the Court of General Sessions by the laws of the State/
Federal Constitution legally indict Petitioner in the Court
of Common Pleas in August, 2008 and September 2009, Terras of
Court .

Did the State of South Carolina, need to re-indict Petitioner,
after the not guilty verdict , for indictment No. 2007-GS-40-
1940, So that trial court could retain subject matter juris
diction.

Did Petitioner's indictment No. 2007-GS-40-020001 , need be re
submission to the grand jury for amendment.

Question Presented (AI Summary)

Was Petitioner's 5th, 6th, and 14th, Amendment Rights of the U.S. Constitution, Due Process Rights violated

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-06
Waiver of right of respondent South Carolina to respond filed.
2022-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2022)

Attorneys

Randolph Ashford
Randolph Ashford — Petitioner
South Carolina
D. Russell Barlow IISouth Carolina Attorney General's Office, Respondent