No. 18-5214

David R. McGinley v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2018-07-11
Status: Denied
Type: IFP
IFP
Tags: collateral-review constitutional-error constitutional-law due-process ex-post-facto mandatory-minimum mandatory-minimum-sentencing new-substantive-rules retroactive-application retroactivity substantive-rules supreme-court-holdings
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the state courts erred in not declaring the unconstitutional mandatory minimum sentencing statute retroactively applicable to cases on collateral review

Question Presented (from Petition)

QUESTION PRESENTED r IS IT A CONSTITUTIONAL ERROR THAT CONFLICTS WITH UNITED STATES SUPREME COURT HOLDINGS WHERE STATE COURTS FOUND A MANDATORY MINIMUM SENTENCING STATUTE UNCONSTITUTIONAL BUT DID NOT DECLARE THE DECISION RETROACTIVELY APPLICABLE TO CASES ON COLLATERAL REVIEW AS IS REQUIRED OF NEW SUBSTANTIVE RULES OF CONSTITUTIONAL LAW? . Suggested answer: YES . Pa rn

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2018)

Attorneys

David R. McGinley
David R. McGinley — Petitioner
David R. McGinley — Petitioner