Allen Golden v. Antoine Caldwell, Warden
HabeasCorpus
Whether the Eleventh Circuit Court of Appeals erred in its order and the Magistrate Judge's report and recommendation regarding the suspension of habeas corpus rights under 28 U.S.C. 2244(d)(1) and the applicability of AEDPA to non-violent crimes and constitutional claims
No question identified. : QUESTION (S) PRESENTED DO THE ORDER ENTERED BY THE ELEVETH CIRCUIT COURT OF APPEALS ON AUGUST 29,2017 AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SO ORDERED AND REPORTED AND RECOMMENDED THIS 19TH DAY OF DECEMBER 2016 AS FOLLOWS: 28 U.S.C.2244(D) (1) Suspends 28 U.S.C 2254(A)IN VIOLATION OF The _. Suspension Clause of the United States Constitution specifically ~~~" included the English common law procedure in Article One, Section : 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it ? ‘ SHOULD GROUNDS (1), (2)AND (4)BE HEARD ON THE MERITS OF EVIDENCE PRESENTED THAT IS A CONNSTITUTIONAL VIOLATION? CAN THE INSTSNT BE TREATED AS A 28 U.S.C.2241 AS APPLIED TO GROUNDS (1), (2) AND (4)? DO ("AEDPA")APPLY TO NON-VIOLANT CRIMES AND WAS IT ITENDED TO BAR CONSTITUTIONAL CLAIMS? ON CERTIORARI THE ODER AND MAGISTRATE JUDGE'S REPORT AND i RECOMMENDATION SO ORDERED AND REPORTED AND RECOMMENDED THIS 19TH DAY OF DECEMBER 14.