No. 18-7510

Mark A. Perez v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-01-24
Status: Denied
Type: IFP
IFP
Tags: 42-pa-csa-721-726 collateral-review constitutional-challenge constitutional-law direct-review due-process extraordinary-relief original-jurisdiction pennsylvania sentencing-statute statutory-interpretation supreme-court-jurisdiction
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Does the Supreme Court of Pennsylvania's original jurisdiction process constitute a process to seek 'other collateral review'?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1.) As a matter of first impression Does the Supreme Court of Pennsylvania's original jurisdiction process pursuant to 42 Pa. C.S.A. §§721, 726 constitute a process to seek "other collateral review" outside the Direct review process? 2.) Whether the Supreme Court of Pennsylvania's Grant of Application for Leave to File Original Process and the denial of Application for Extraordinary Relief is a denial on the merits of Application for Extraordinary Relief? 3.) Whether Petitioner is in custody in violation of the Due Process Clause of the 14th Amendment of the United States Constitution on a 5 to 10 year sentence imposed under 42 Pa. C.S.A. §9712 that was held to be unconstitutional rendering Petitioner innocent of the elements of §9712?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Mark A. Perez
Mark A. Perez — Petitioner
Mark A. Perez — Petitioner