No. 22-6929

Forrest Thomas III v. Brandon M. Smith, Warden

Lower Court: Fifth Circuit
Docketed: 2023-03-03
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-law criminal-procedure due-process equal-protection habeas-corpus plea-bargaining sentencing sentencing-disparity sex-offender-registration
Key Terms:
DueProcess
Latest Conference: 2023-04-28
Question Presented (from Petition)

Whether a sex offender registry statute, when applied to predators convicted of rape without any sexual motivation to the offense, bears a reasonable and rational relationship to a legitimate governmental purpose.

Whether substantial due process can invalidate sex offender classification policies as applied to predators convicted of rape without any sexual motivation to the offense.

Whether Thomas has a valid right under the Equal Protection Clause to have his sentence computed in the same manner as similarly situated persons convicted of "knowing of a minor" under Miss. 41-3-43.

Whether the trial court breaches the plea agreement by sentencing Thomas at a higher range pursuant to Miss. 45-33-23(1)(1), a new punitive causal relationship statute.

Question Presented (AI Summary)

Whether the sex offender classification policies as applied to Petitioner, convicted of a non-sexual offense, violate substantive due process

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2022-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2023)

Attorneys

Forrest Thomas
Forrest Thomas III — Petitioner