No. 22-6574

Eddie Turner v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation, et al.

Lower Court: Ninth Circuit
Docketed: 2023-01-19
Status: Denied
Type: IFP
IFP
Tags: appellate-review civil-procedure civil-rights due-process federal-law fourteenth-amendment judicial-conflict standing statute-of-limitations void-judgment void-ruling
Latest Conference: 2023-03-24
Question Presented (from Petition)

1) Petitioner respectfully petitions for a writ of certiorari to review a judgment of the United States Court of Appeal for the Ninth Circuit, which denied a "certificate of appealibity" directly related to a void ruling. Can a void ruling legally be challenged at any time and in any court?

2) Is review warranted based on the significance of a void and second made opposing ruling that deals with the same exact statute and the same exact facts? This court has an absolute duty to resolve unsettled issues of law and provide guidance applicable to other pending or anticipated cases. The Supreme Court of the United States has a duty to secure the uniformity of decisions based on settled questions of law and precedent rulings. Appellate courts review the procedures and the decisions of trial courts to make sure that the proceedings were fair and that the proper law was applied correctly. Is there a justifiable reason to pass on the issues within this petition, which have the potential to be unjustly repeated if they are not corrected?

3) Is a state court's decision "contrary to" clearly established federal law under §2254(d)(l) when there is a direct and irreconcilable conflict (Appeal Case No. B247883 versus Appeal Case No. B272452)?

4) Is a state court's decision an "unreasonable application" of clearly established federal law under § 2254(d)(1) if the state court's application of a precedent opinion from a court of superiority was unreasonable applied or just merely misapplied; White v. Woodall, 572 U.S. 415,419, (2014)?

5) Is it possible to have two contradicting opinions dealing with the exact same set of facts & exact same statute?

6) Specifically, is a reversal of all charges warranted or an evidentiary hearing warranted if further clarification is needed because "a judgment which is void upon its face, and which requires only an inspection of the judgment roll to demonstrate its wants of vitality a dead limb upon the judicial tree, which should be lopped off, if the power to do so exi

Question Presented (AI Summary)

Can a void ruling legally be challenged at any time and in any court?

Docket Entries

2023-03-27
Petition DENIED.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2022-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2023)

Attorneys

Eddie Turner
Eddie Turner — Petitioner