No. 18-6652

Michael Carlton Lowe v. Tom Roy, Commissioner, Minnesota Department of Corrections

Lower Court: Minnesota
Docketed: 2018-11-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights constitutional-rights district-court-discretion due-process federal-question habeas-corpus jurisdiction liberty-interest standing
Key Terms:
DueProcess FifthAmendment HabeasCorpus Jurisdiction
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (AI Summary)

Did the district court abuse its discretion by answering a federal question on petitioner's liberty interest in a state court?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Did the district court abuse its discretion by answering a federal question on petitioner’s liberty interest in a state court? 4 II. Did the district court violate due process by suspending habeas corpus . without public safety requiring it’s suspension in the case of rebellion? . III. Did the district court err by denying that habeas corpus should lie where a petitioner—after conviction, challenges the district court’s jurisdiction; whether the sentence was authorized by law; or whether petitioner’s : . fundamental right to due process has been violated? : IV. Did the district court err by denying a hearing, where it appears from the ; petition and record that the facts established entitle him to discharge? ~ V. Did the district court err by denying petitioner’s writ setting forth sufficient facts to establish a prima facie case for his discharge? : ‘Lowe ; . 2 z] ¢ .

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-10
Waiver of right of respondent Roy, Comm'r, MN DOC to respond filed.
2018-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Michael Carlton Lowe
Michael Carlton Lowe Sr. — Petitioner
Michael Carlton Lowe Sr. — Petitioner
Roy, Comm'r, MN DOC
Kelly Susan KempMinnesota Attorney General's Office, Respondent
Kelly Susan KempMinnesota Attorney General's Office, Respondent