No. 22-5312

Carl A. Nelson, Sr. v. Ohio Parole Board, et al.

Lower Court: Sixth Circuit
Docketed: 2022-08-09
Status: Denied
Type: IFP
IFP
Tags: administrative-agency administrative-jurisdiction aedpa due-process habeas-corpus liberty liberty-deprivation sentencing sentencing-judgment void-commitment
Latest Conference: 2022-10-07
Question Presented (from Petition)

(1) When a sentencing judgment entry of commitment is legally invalid, according to state and clearly
established federal law as determined by this court in Hill v. Wampler (1936), 298 US, 460, 56
S.Ct 76,1936 USLEXIS 716, is a habeas corpus still the remedy to correct the judgment entry
of commitment when considering the enactment of the Antiterrorism and Effective Death Penalty
Act (AEDPA) of April 24,1996?

(2) Does an administrative agency, such as Ohio 's Parole Board, have jurisdiction to deprive a United
States Citizen (state prisoner) of liberty based on a void invalid journal entry of commitment?

Question Presented (AI Summary)

When a sentencing judgment entry of commitment is legally invalid, is habeas corpus still the remedy to correct the judgment entry of commitment when considering the AEDPA?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2022)

Attorneys

Carl A. Nelson
Carl A. Nelson Sr. — Petitioner