No. 22-7697

Kenneth Brown, Jr. v. Pennsylvania, et al.

Lower Court: Pennsylvania
Docketed: 2023-06-02
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: act-84 civil-rights constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea sentencing separation-of-powers statutory-interpretation void-ab-initio
Latest Conference: 2023-11-09 (distributed 2 times)
Question Presented (from Petition)

I. Whether Act B4, 42 Pa.C.S. § 9728(b)(5) is Unconstitutional
on its Face as Violative of the Commonwealth of Pennsylvania
Constitution and/or the Separation of Powers Doctrine?

II. Whether the Amendment to Act 84 is Unconstitutional as
Applied to Petitioner as Violative of Both Pennsylvania
and United States Constitution?

III. Whether Petitioner's Guilty Plea and Sentence is Void
because Act 84 is Void ab Initio on its face, or as
applied to Petitioner?

Question Presented (AI Summary)

Whether Act 84, 42 Pa.C.S. § 9728(b)(5) is Unconstitutional

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-10
Brief of respondents Pennsylvania, et al. in opposition filed.
2023-08-09
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2023. See Rule 30.1.
2023-08-08
Motion to extend the time to file a response from August 24, 2023 to October 9, 2023, submitted to The Clerk.
2023-07-25
Response Requested. (Due August 24, 2023)
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2023)

Attorneys

Kenneth Brown
Kenneth Brown Jr. — Petitioner
Pennsylvania, et al.
Sean Andrew KirkpatrickOffice of the Attorney General of the Commonwealth, Respondent
Daniel Barrett MullenPennsylvania Office of Attorney General, Respondent
Tara J WikhianPA Department of Corrections, Respondent