No. 18-7325

John Joseph Zinkand v. Carlos Hernandez, Superintendent, Avery-Mitchell Correctional Institution, et al.

Lower Court: Fourth Circuit
Docketed: 2019-01-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus imprisonment indictment state-law statutory-interpretation subject-matter-jurisdiction
Key Terms:
Securities
Latest Conference: 2019-05-09 (distributed 2 times)
Question Presented (AI Summary)

Did North Carolina State unlawfully imprison Petitioner upon an unconstitutional statute?

Question Presented (from Petition)

QUESTION(S) PRESENTED , l Did Noeth Carolina State unlawtully imprison Petitioner upon an unconstitutional statute? That » being NCGS. § [4-27.7A, 4 statute that has been abolished, and replaced with Two separate statutes, 1@, GIN2T.AT and §IN-27. 30. A, Did North Carolina's Courts~ Supreme, Appellate, and Superior Avery, Macon, Dur ham Counties.s violate Petitioners Due Process Rights toa Legally applied for Writ of Habeas Corpus by not addressing andor Ruling on the Constitutonal questions and/or issues ? 3.Did Macon County NC. Superior Court fail to acquire subject matter jurisdiction by proceeding upon fatally defective, incomplete, Faulty indictment, . under an unconstitutional statute ? _ 4. Can N.C. State continue to keep Petitioner incar-cerated with NC.6.5. 4-27. 7A after it wasreplaced | by an: “implied repeal with two (2) separate and _ newly created stotutes ? ta .

Docket Entries

2019-05-13
Rehearing DENIED.
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-03-13
Petition for Rehearing filed.
2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-24
Waiver of right of respondent Carlos Hernandez, Superintendent to respond filed.
2018-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

Carlos Hernandez, Superintendent
Daniel Patrick O'BrienNC Department of Justice, Respondent
Daniel Patrick O'BrienNC Department of Justice, Respondent
John Joseph Zinkand
John Joseph Zinkand — Petitioner
John Joseph Zinkand — Petitioner