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
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-02-15 (distributed 2 times)
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

Question Presented (from Petition)

QUESTION PRESENTED : . : 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 PER— : SONAL LIBERTY IN VIOLATION OF THE CONSTITUTION OR LAWS : . OR TREATIES OF THE UNITED STATES, BY PURSUING THE VALI: , DITY 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 ? ; ; Oo ' POINT IT 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 CONSTITU— ; TION 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? (i) . c . . .

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
Masao Yonamine — Petitioner