No. 18-5691
Darryl Jerome Baker v. R. C. Cheatham, Warden
IFP
Tags: 2241-habeas 2241-motion 2255-motion 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment savings-clause state-priors title-28 unconstitutional-enhancement
Key Terms:
FifthAmendment HabeasCorpus
FifthAmendment HabeasCorpus
Latest Conference:
2019-01-04
Question Presented (AI Summary)
Whether the Petitioner's Fifth Amendment Rights are violated
Question Presented (OCR Extract)
QUESTION(S) PRESENTED 1) Whether the Petitioner's Fifth Amendment Rights are violated by the Eleventh Circuit when it denied Petitioner due process to his Title 28 U.S.C. § 2255(e)'s "savings clause," through the portal avenue of a Title 28 U.S.C. § 2241(c)(3) motion. 2) Whether Mathis, Shepard, and Descamps apply to the Petitioner's State priors, for which he was unconstitutionally enhanced, based on invalid State materials. , 3) Whether Nelson v. Colorado, U.S. Supreme Court Cite 15-1256 applies to Petitioner's unconstitutional enhancements.
Docket Entries
2019-01-07
Petition DENIED.
2018-12-12
Reply of petitioner Darryl Jerome Baker filed. (Distributed)
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Memorandum of respondent United States filed.
2018-10-22
Motion to extend the time to file a response is granted and the time is further extended to and including November 21, 2018.
2018-10-19
Motion to extend the time to file a response from October 22, 2018 to November 21, 2018, submitted to The Clerk.
2018-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
2018-09-11
Motion to extend the time to file a response from September 21, 2018 to October 22, 2018, submitted to The Clerk.
2018-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)
Attorneys
Cheatham, Warden
Noel J. Francisco — Solicitor General, Respondent
Darryl Jerome Baker
Darryl Jerome Baker — Petitioner