No. 23-5608

George Butler v. Mississippi

Lower Court: Mississippi
Docketed: 2023-09-19
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-violation criminal-procedure due-process habeas-corpus habitual-offender indictment ineffective-assistance-of-counsel ineffective-counsel intervening-decision sentencing-error
Latest Conference: 2023-11-17
Question Presented (from Petition)

(1) The Conviction and/or Sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi.

(2) The Conviction and/or Sentence as a Habitual by amending indictment The day of Sentencing if in Violation Of Miss. R. Cr. P. 14.1 and Contrary to Supreme Court decisions violating Price V Vincent 533 US 054, 153 L.Ed 2d 873, 193 S.Ct 1848 2523).

(3) Improper indictment- Does not list all elements of Burglary and none of the elements of the Underlying Charge of Larceny F therefore, Not Charging the crime of Burglary violation OF US Const, 5th Amend. and Miss. Const, Art 3, Sec. 37.

(4) Ineffective assistance of Counsel in Violation of US Const, 6th & 14th Amends., Miss. Const, Art. 3 Sec. 37 Strickland V Washington 466 US 668, 80 US V Cranie 539 US 638, & Harding V Davis 378 F.2d 1341, 1345; Con 1989).

(5) There has been an intervening decision of the Supreme Court, Hughes v State 291 So3d 793(2020) which would of adversely affected the outcome of the Sentence in accordance with Miss Code Ann 99-39-5 (AG) and 99-39-8 et Seq.

Question Presented (AI Summary)

Whether the conviction and/or sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2023)

Attorneys

George Butler
George Butler — Petitioner