No. 24-6653

John Douglas Alexander v. Jonathan Nance, Warden

Lower Court: Fourth Circuit
Docketed: 2025-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation criminal-procedure due-process implied-malice jury-instructions self-defense
Latest Conference: 2025-04-25
Question Presented (from Petition)

Court err in finding that the Petitioner was not entitled to a due process review of the newly erased South Carolina Supreme Court procedure, governing direct review? See Wack v. State, H2>3 S.C 3.4>7, ?>5g, SX Sid Ud6 (aoaiOh Did the lower Court err in finding that the Petitioner 's Conviction and sentence were not obtained unconstitutionally in violation of United States v. Chapman, ^5^ Vod \et^ Cloth Cir. 3.66(f), where the trial Court gave the Jury 3$ inferences of implied malice.?

Did the lower-Court err winding Contrary to State v. Williams, *13.1 S.C.l^jSaS S.£. 3ld "1 C>aC^° '•,that Petitioner can attempt to kill another with implied malice, where no such criming offense exist as an attempt to achieve an unintended result?

Did the lower Court err in finding that Petitioner was not entitled to a due process review to challenge the trial courts unconstitutional inferences of malice (from the use of a deadly weapon) Malice Charge? See Wack v. State, belated direct review.

Did the lower Court err in finding that Petitioner was not entitled to a due process review to challenge the trial court unconstitutional burden of proof on Self-defense? See Wack v. State, belated direct review to challenge trial counsel's deficient performance?

Did the lower Court err in finding that Petitioner 's due process right to fully and fairly present, argue and defend his initial PCR allegations and Supporting facts were not unconstitutionally violated on two Separate occasions and evidence, were not on the PCR. Court stopped the hearing to admonish Petitioner in a manner not conducive to the Court 's impartiality.

Question Presented (AI Summary)

Did the lower Court err in finding that Petitioner's Conviction and sentence were not obtained unconstitutionally in violation of due process rights?

Docket Entries

2025-08-18
Rehearing DENIED.
2025-07-24
DISTRIBUTED.
2025-05-07
Petition for Rehearing filed.
2025-04-28
Petition DENIED.
2025-04-10
DISTRIBUTED for Conference of 4/25/2025.
2025-03-06
Waiver of right of respondent Jonathan Nance, Warden to respond filed.
2025-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2025)

Attorneys

John Douglas Alexander
John Douglas Alexander — Petitioner
Jonathan Nance, Warden
Christina Catoe BigelowSouth Carolina Department of Corrections, Respondent