No. 18-5140

M. P. F. v. Alabama

Lower Court: Alabama
Docketed: 2018-07-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts appeal-rights constitutional-rights court-transcripts due-process equal-protection habeas-corpus post-conviction-relief procedural-default procedural-rules void-judgment
Key Terms:
DueProcess FourthAmendment HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a defendant has a constitutional right to obtain trial transcripts to perfect an appeal

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1). Does Your Petitioner have a Constitutional Right to his Guilty Plea Hearing transcripts to perfect an appeal ? (2). Does a Circuit Court Clerk have a Constitutional duty to vespond_ toe _Your_.:-— a Petitioner's request for Court documents to file an appeal ? . (3). Did the State Trial Court's refusal to allow Your Petitioner to purchase transcripts of the proceedings impede his ability to comply with State 's Procedural Rules and Statute of limitations in violation of Due Process and Equal Protection of the Law ? (4). Did the State Denying Access to Your Petitioner's transcripts, not responding to Your Petitioner, meet the standard for Equitable Tolling setforth by this Honorable : Court's holding in Holland v. Florida, 560 U.S. 631, 649, 130 S.Ct. 2549, 177 L.Ed. 2d 130 (2010) (5). Is this Your Petitioner's Third (3rd) Rule 32 petition or, in fact, his First (1st.) Rule 32 petition seeking post-conviction relief ? (6). Is a State Gourt's Judgment void when it was rendered in violation of Due Process of law, under the Constitution of the United States 5th, 14th Amendment and Alabama Constitution of 1901 Article 1, Sec. 6 ? (7). Did the Alabama Court of Criminal Appeals abuse its Discretion and/or Authority in violation of § 12-3-16, Ala.Gode (1975) ?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-27
Waiver of right of respondent Alabama to respond filed.
2018-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Alabama
Paul David BjurbergAlabama Attorney General's Office, Respondent
Paul David BjurbergAlabama Attorney General's Office, Respondent
Michael Ford
Michael Patrick Ford — Petitioner
Michael Patrick Ford — Petitioner