No. 18-5283

David McGowan v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2018-07-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 8th-amendment appellate-court appellate-review due-process habeas-corpus state-appellate-court state-court unconstitutional-sentence unlitigated-claim
Key Terms:
AdministrativeLaw DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Is a state appellate court's unexplained refusal to allow a petitioner to file for state provided avenue of writ of habeas corpus relief on an unlitigated, meritorious, non-waivable claim an unconstitutional denial of Due Process under the 14th Amendment?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is a state appellate court's unexplained refusal to allow a petitioner to file for state provided avenue of writ of habeas corpus releif on an unlitigated, meritorious, non-waivable claim an unconstitutional denial of Due Process under the 14th Amendment. 2. Is a sentence imposed under a_— statute declared unconstitutional for being violative of the 8th and 14th Amendments an illegal sentence imposed without authority an unconstitutional denial of Due Process under the 14th Amendment. i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondent Pennsylvania to respond filed.
2018-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)

Attorneys

David McGowan
David McGowan — Petitioner
David McGowan — Petitioner
Pennsylvania
Karen Ann DiazBucks County District Attorney's Office, Respondent
Karen Ann DiazBucks County District Attorney's Office, Respondent