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