No. 18-6107

Jacob Logan Stone v. United States

Lower Court: Eighth Circuit
Docketed: 2018-09-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure constitutional-rights due-process notice opportunity-to-be-heard pro-se pro-se-litigant procedural-bar procedural-bars reentry summary-affirmance supervised-release
Key Terms:
DueProcess
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Does the 8th Circuit's practice of denying pro se litigants the opportunity to brief their appeal deny the basic requirements of Due Process, notice and opportunity to be heard?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED "Stone was summarily denied a modification of conditions of release based on a procedural ground he had no warning ‘of or chance to brief. On appeal, despite numerous requests, the 8th Circuit refused to allow briefing and summarily affirmed the lower court only three minutes after the case was submitted. (1) Does the 8th Circuit's practice of denying pro se litigants the opportunity to brief their appeal deny the basic requirements of Due Process, notice and opportunity to be heard? Can procedural bars be raised sua sponte, without warning in the denial, after Day v McDonough, 547 US ; 198 (2006)? (2) Is a challenge to a certain injury premature merely because the _ complained of injury is not currently occurring because of incarceration? . Is it unreasonable to ask a releasee to risk imprisonment or other punishment before review of a challenged condition occurs? , : (3) Given the lack of scrutiny given to conditions of supervised . release at sentencing, must a Court address challenges raised later to ensure , Constitutional and statutory limits are being complied with? Must a releasee be given resolution of serious claims that his conditions serve no valid purpose, unnecessarily deprive him of liberty, or hinder his reentry? : |

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-03
Waiver of right of respondent United States to respond filed.
2018-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2018)

Attorneys

Jacob Logan Stone
Jacob Logan Stone — Petitioner
Jacob Logan Stone — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent