Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.
DueProcess Punishment
Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the judicial process?
QUESTION(S) PRESENTED 1. Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the judicial process? 2.. Did the Court abuse its discretion when it took the jurys guilty verdict for Simple Assault with Bodily Injury caused, and use it to enhance Petitioner's sentence for Attempted Murder? 3. Does a sentence in violation of Apprendi v. New Jersey, Supra. constitute reversible error? 4. Does State Prisoner serving a sentence in violation of Apprendi constitute cruel & unusual punishment if procedurally barred fromseeking relief from that punishment, when a jury never found serious bodily injury, and thetrial court enhanced sentence from ©: 20 to 40 years based on serious bodily injury element never found by trial jury? 5. Does it constitute a Miscarriage of Justice when all previous reviewing Courts;including Habeas Petition-; did not correct the illegal sentence, especially since the case at review were puportedly reviewed Plenary and De Novo? 6. Was Petitioner denied effective assisance of counsel in failing to properly challenge the Trial Courts abuse of discretion by imposing an illegal sentence?