No. 24-6237

Charles Edward Harris, Jr. v. Whitney Gass, et al.

Lower Court: Arkansas
Docketed: 2025-01-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation criminal-statute double-jeopardy fifth-amendment legislative-intent punishment-interpretation
Latest Conference: 2025-02-21
Question Presented (from Petition)

The Double Jeopardy Clause of the Fifth Amendment of the United States Constitution prohibits multiple punishment for the same offense without a clear expression of legislative intent. After firing a succession of bullets into a idle vehicle being occupied by Leandel Robinson and causing him serious physical injury, Harris was convicted under two separate statutes that punish the same conduct. One of the convicted offenses does not require proof of an element additional fact that the other does not. Was Harris twice put in jeopardy for one uninterrupted criminal episode that was a violation of two distinct statutory provisions without a clear expression of legislative intent or an

II.
Arkansas Constitution Art. I, § 20 provides U.S.C.A. Const. Art. VI cl.3 — that prohibits a judgment from being valid if the judge who pronounced the judgment did not take a lawfully prescribed oath of office. The regular vacated the bench and a special judge was allegedly elected to fill the vacancy. But he did not take a valid oath of office. Were proceedings held by the special judge in that court null and void? Was Harris denied the equal protection of U.S.C.A. Const. Amend. § 1-14 under the oath of office under

III.
U.S.C.A. — states that the writ of habeas corpus shall not be suspended. Harris placed jurisdiction issues in Kansas courts. But the State Trial Court and State Supreme Court refused to issue the writ. Has the State of Arkansas suspended the privilege of the writ of habeas corpus?

Question Presented (AI Summary)

Whether Harris was twice put in jeopardy for one uninterrupted criminal episode under two separate statutes that punish the same conduct without a clear legislative intent

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-21
Waiver of State of Arkansas of right to respond submitted.
2025-01-21
Waiver of right of respondent State of Arkansas to respond filed.
2024-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2025)

Attorneys

Charles Edward Harris, Jr.
Charles Edward Harris Jr. — Petitioner
State of Arkansas
Dylan Leslie JacobsArkansas Attorney General's Office, Respondent