No. 24-5179

Forrest Hammond v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2024-07-30
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-liberties commutation criminal-procedure federal-jurisdiction federal-procedure habeas-corpus judicial-review pardon state-court
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (from Petition)

A Louisiana Executive Pardon of a felony sentence erases the criminal history and restores civil rights and liberties to a party.
An Executive Commutation of a party's felony sentence only:
1. ) shortens the length or severity of the sentence;
2. ) leaves a full, criminal record history on file, and;
3. ) disables that party from enjoying civil and social liberties subjecting such a party to prejudices for a lifetime due to a felony conviction.
The question presented is:
Whether the commutation of Petitioner's sentence to time-served ending his state custody before his pending federal habeas corpus application was adjudicated on the merits, and before appellant brief was filed, Petitioner's federal public defender unilaterally filed a motion to dismiss his appeal based on false news reports that Petitioner had been pardoned by the Governor of Louisiana rendering the appeal moot, terminates or suspends federal habeas corpus jurisdiction and a motion to recall the mandate should be granted, so as to not defeat Petitioner's appeal of his illegal state court alleged conviction where Petitioner never pled guilty from proceeding to a final disposition in accord with the ordinary procedures for Judicial Review?

Question Presented (AI Summary)

Whether the commutation of Petitioner's sentence to time-served ending his state custody before his pending federal habeas corpus application was adjudicated on the merits, and before appellant brief was filed, Petitioner's federal public defender unilaterally filed a motion to dismiss his appeal based on false news reports that Petitioner had been pardoned by the Governor of Louisiana rendering the appeal moot, terminates or suspends federal habeas corpus jurisdiction and a motion to recall the mandate should be granted, so as to not defeat Petitioner's appeal of his illegal state court alleged conviction where Petitioner never pled guilty from proceeding to a final disposition in accord with the ordinary procedures for Judicial Review?

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-10-21
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2024)

Attorneys

Forrest Hammond
Forrest Hammond — Petitioner