No. 23-7260

Mark R. Zana v. Nevada

Lower Court: Nevada
Docketed: 2024-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-review constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment habeas-corpus ninth-circuit post-conviction retroactivity statutory-interpretation
Latest Conference: 2024-06-13
Question Presented (from Petition)

1. Whether Petitioner's conviction and continued incarceration under Nevada Revised Statute 209.730 are facially unconstitutional under the Due Process Clause of the Federal Constitution's Fourteenth Amendment?

2. Whether the Due Process Clause of the Federal Constitution's Fourteenth Amendment requires the state courts to apply its interpretation and application of State criminal Statute retroactively in Petitioner's case for collateral review?

3. Whether Petitioner's case presents an issue of retroactivity?

4. Whether the Nevada Supreme Court's interpretation and application of NRS 209.730, in Petitioner's case, was the correct State interpretation at the time Petitioner's conviction became final?

5. Whether multiple convictions and sentences from a single violation of a state criminal statute constitutes double jeopardy violations and due process violations?

6. Whether Nevada can, consistently with the Federal Due Process Clause, convict Petitioner for conduct that its criminal statute, as properly interpreted, does not permit?

Question Presented (AI Summary)

Whether Petitioner's conviction and continued incarceration under Nevada Revised Statute 207.010 violates the due process clause of the Federal Constitution's Fourteenth Amendment

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-21
Waiver of right of respondent The State of Nevada to respond filed.
2024-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2024)

Attorneys

Mark Zana
Mark Zana — Petitioner
The State of Nevada
Alexander Ga-King ChenClark County District Attorney's Office, Respondent