No. 24-5060

Bert Hudson v. Pennsylvania Board of Probation and Parole

Lower Court: Pennsylvania
Docketed: 2024-07-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-interpretation cruel-and-unusual-punishment cruel-punishment eighth-amendment furman-v-georgia mandatory-minimum parole parole-review second-degree-murder sentencing-guidelines sentencing-statutes
Key Terms:
AdministrativeLaw DueProcess Punishment Patent
Latest Conference: 2024-09-30
Question Presented (from Petition)

After being rebuked for forbidden cruelty by this Court's own landmark 1972 Furman decision, Pennsylvania's sentencing statutes enacted in response to that have quite unambiguously provided for a mandatory maximum sentence of life imprisonment WITH a required individualized minimum sentence WITH the right to parole reviews for cases of second degree murder. (Appendix C, pages 18, 19, 29, and 39) Pennsylvania Courts admit these irrefutable facts.

Moreover, since the 1941 creation of our Pennsylvania Parole Board, hundreds of prisoners sentenced to a mandatory life term have been paroled including hundreds who are being supervised on parole right now. -See Appendix I, Addendum, Exhibits G and H.

However, contrary to these stubborn facts known as the truth and our rule of law, the Supreme Court of Pennsylvania trespassed numerous constitutional boundaries by legislating grossly cruel, discriminatory, and disproportionate WITHOUT the possibility of parole review sentences for cases of second degree murder with their clearly erroneous and conflicting holdings that "There is no statutory authorization for the Board to grant parole to an individual sentenced to a mandatory life term" along with "the Board lacks the power to release on parole an inmate [serving] a mandatory life sentence for second-degree murder" thus creating a manifestly fundamental miscarriage of justice far too overt to be ignored when considering the following question. -Look through to page 6 of Appendix M relied on in Appendix B, pages 2 and 3, and affirmed in Appendix A.

This petition presents one question:

1) Should this Honorable Court grant certiorari, vacate the holdings below, and remand this case for further proceedings to fairly resolve this grievous injustice in accord with the truth and our rule of law?

Question Presented (AI Summary)

Whether Pennsylvania's sentencing statutes for second-degree murder, which provide for a mandatory maximum sentence of life imprisonment with a required individualized minimum sentence and the right to parole reviews, violate the Eighth Amendment's prohibition on cruel and unusual punishment as interpreted in Furman v. Georgia.

Docket Entries

2024-10-07
Petition DENIED.
2024-07-18
DISTRIBUTED for Conference of 9/30/2024.
2024-07-16
Waiver of right of respondent Pennsylvania Board of Probation and Parole to respond filed.
2024-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2024)

Attorneys

Bert Hudson
Bert Hudson — Petitioner
Pennsylvania Board of Probation and Parole
Hugh J. Burns Jr.Office of Attorney General of Pennsylvania, Respondent