No. 18-6526

In Re Masao Yonamine

Lower Court: N/A
Docketed: 2018-10-31
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights district-court exhaustion-of-state-remedies federal-court-jurisdiction federal-jurisdiction federal-writ habeas-corpus personal-liberty state-writ unlawful-detention void-judgment writ-of-mandamus
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (from Petition)

POINT I
PETITIONER'S PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 USC 2241(a)(c)(3) SUBMITTED AGAINST THE PERSON(S) WHO HOLDS PETITIONER IN WHAT PETITIONER CLAIMS THAT HE IS UNLAWFULLY DETAINED OR IN CUSTODY RESTRAINED OF HIS PERSONAL LIBERTY IN VIOLATION OF THE CONSTITUTION OR LAWS OR TREATIES OF THE UNITED STATES, BY PURSUING THE VALIDITY OF THE JURISDICTION OF HIS DETENTION TO OBTAIN HIS LIBERTY PURSUANT TO UNITED STATES CONSTITUTION Art. III Sec.2 cl.(2) and UNITED STATES CONST.Art.1, Sec.9 cl.(2) IS THE PROPER APPLICATION?

POINT II
MAY A FEDERAL COURT ENTERTAIN AND DETERMINE THE MERIT OF A STATE PRISONER'S APPLICATION FOR HABEAS CORPUS RELIEF FROM A VOID JUDGMENT, ILLEGALLY IN CUSTODY RESTRAINED OF HIS PERSONAL LIBERTY IN CONTRAVENTION OF THE CONSTITUTION OR LAWS, OR TREATIES OF THE UNITED STATES, EVEN THOUGH PRISONER EXHAUSTED A FORMERLY AVAILABLE STATE REMEDY AND THERE IS NOW NO STATE REMEDY AVAILABLE?

Question Presented (AI Summary)

Whether a federal court may entertain and determine the merits of a state prisoner's application for habeas corpus relief from a void judgment, when the prisoner is illegally restrained of his personal liberty in contravention of the Constitution or laws, or treaties of the United States, even though the prisoner exhausted a formerly available state remedy and there is now no state remedy available

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-10-29
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)

Attorneys

Masao Yonamine
Masao Yonamine — Petitioner