No. 18-6054

In Re Michael Boone

Lower Court: N/A
Docketed: 2018-09-20
Status: Dismissed
Type: IFP
IFP
Tags: actual-innocence constitutional-rights double-jeopardy judge jury sentencing separation-of-powers statute-of-limitations statutory-offense substantive-due-process
Key Terms:
AdministrativeLaw DueProcess FifthAmendment FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Is Petitioner Boone serving an unlawful/void sentence because it is a Substantive-Due-Process, Double-Jeopardy violation for a defendant to be punished twice in the same trial, on the same facts, for the same statutory offense; first by a jury, and a second time by the Judge to increase that jury's punishment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED , QUESTION GNE: Is Petitioner Boone serving an unlawful/void sentence because it is a Substantive Due Process, Double Jeopardy violation for a defendant to be punished : twice in the same trial, on the same facts, for the same statutory offense; first by a jury, and a second time by the Judge to increase that jury's punishment? : QUESTION TWO: Is it incumbent upon the U.S. Supreme Court to correct a State sentence that was unlawfully imposed violating Substantive Due Process and Double Jeopardy, when State and Federal Courts failed to address the issue on the merits citing A.E.D.P.A. statute of limitations, while disregarding the Supreme Court's ruling in, MONTGOMERY V. LOUISIANNA, 136 S.Ct. 718(2016), which states: "State and Federal courts have no authority to leave in place a conviction or ‘sentence! . that violates a substantive rule of law regardless of whether the conviction or ‘sentence! became final before the rule was announced?" QUESTION THREE: Is it an unconstitutional Seperation of Power violation for Congress to legislate a statute of limitations as in 28 U.S.C. §2244(d)(1) to defeat constitutional Substantive Due Process law, Double Jeopardy, and Actual Innocence? Tl.

Docket Entries

2018-10-15
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8. Justice Kagan took no part in the consideration or decision of this petition.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-06-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Michael Boone
Michael Boone — Petitioner
Michael Boone — Petitioner