No. 23-6694

Michael T. Braxton v. Warden, Anderson County Detention Center

Lower Court: Fourth Circuit
Docketed: 2024-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process probable-cause state-corrective-process state-court-abuse subject-matter-jurisdiction younger-abstention
Key Terms:
DueProcess
Latest Conference: 2024-03-15
Question Presented (from Petition)

Did the State of South Carolina deny the Petitioner a Substantial Constitutional right to a "Constitutionally Adequate " [ PROBABLE CAUSE] determination ?1.

Does REPETITIVE "State Court Abuse " make the Exceptions under the Younger Abstention doctrine applicable to the Petitioner ?2.

Is the Petitioner positioned under a "State Corrective Process " that 's Inapplicable to him ?3.

Was the Petitioner 's Due Process MOOTED Before and After a trial being conducted in the absence of a "Constitutionally Adequate " [PROBABLE CAUSE] determination.4.

Did the State Court 's of South Carolina lack jurisdiction over Subject Matter of the petition, due to the violation of the MANDATORY Statutory requisite time period AFTER the [ PROBABLE CAUSE] determination.5.

Is the State of South Carolina violating the Petitioner 's Civil Rights by detaining him in violation of the Laws and Treaties of the United States. 12253) (c)(2)6.

Question Presented (AI Summary)

Did the State of South Carolina deny the Petitioner a Substantial Constitutional right to a 'Constitutionally Adequate' probable-cause determination?

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-23
Waiver of right of respondent Warden to respond filed.
2024-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2024)

Attorneys

Michael T. Braxton
Michael T. Braxton — Petitioner
Warden
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent