No. 23-7367

John E. Garrett v. Richard Clouse

Lower Court: Seventh Circuit
Docketed: 2024-05-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bail bail-revocation constitutional-rights criminal-procedure due-process eighth-amendment judicial-proceedings liberty liberty-interest standing
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Is notice and a hearing required, prior to depriving one of
his liberty pending trial and does said liberty qualify as a
substantive and/or procedural component of the Due
Process Clause?

2. In cases involving arbitrary deprivation of liberty, at what
point is the deprivation complete and the Due Process
Clause violated and what must be done to correct this
constitutional violation?

3. What qualifies as excessive bail under the Eighth
Amendment and what considerations does due process
require when determining what amount of bail is required
in cases of revocation?

Question Presented (AI Summary)

Is notice and a hearing required, prior to depriving one of his liberty pending trial and does said liberty qualify as a substantive and/or procedural component of the Due Process Clause?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-05-28
Waiver of right of respondent Richard Clouse to respond filed.
2024-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2024)

Attorneys

John E. Garrett
John E. Garrett — Petitioner
Richard Clouse
Melanie K NelsonLake County State's Attorney's Office, Respondent