No. 23-6590

Johnny Eugene Holton v. Georgia

Lower Court: Georgia
Docketed: 2024-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection fourteenth-amendment jurisdiction mandatory-minimum res-judicata sentencing statutory-interpretation void-sentence
Latest Conference: 2024-02-23
Question Presented (from Petition)

1) Was Petitioner Deprived of His Due Process Clause of His Fourteenth Amendment fights and Equal Protection of the Law in Violation of His Rights Provided by His United States Constitution and the Clearly Established Georgia law Holding in Yelverton V. State 300 Ga.312 (294 S.E.2d 613) 2014, State, 306 Ga 507 (335 S.E.2d 406) 2015 and Cotty. State 356 Ga App 152 (2014-2015) 23 (346 S.E.2d 242) 2026

2) Did the Georgia Court of Appeals Error in Ruling that The Appeal Court was without Jurisdiction to vacate or void sentence, And Petitioner was barred by Res Judicata then put to judgment that void sentence might be attacked anytime in any court, Where the sentence in Count 4 is void in Violation of O.C.G.A 12-10-1.2(b) Mandatory Minimum term of 5 years Shall be included. Followed by Probation.

3) Did The Court of Appeals Erroneously Interpret the law 2(b) and O.C.G.A 17-10-6.2(b) in 2019

4) Did The Georgia Courts have the power to add a word(s) or line 6) to a Clearly Statutory law set by the Legislators without violated Act I, Sect, Paro 1 of the Georgia Constitution, Total Separation of Powers

Question Presented (AI Summary)

Did the Georgia Court of Appeals err in vacating the petitioner's void sentence and barring him by res judicata from attacking the void sentence in any court

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2024-02-01
Waiver of right of respondent Georgia to respond filed.
2023-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2024)

Attorneys

Georgia
Stephen John PetranyGeorgia Department of Law, Respondent
Johnny Eugene Holton
Johnny Eugene Holton — Petitioner