Juan Ramone Lopez v. Jeff Noble, Warden
HabeasCorpus
Whether a person's misrepresentation of his age at the time of arrest or the person's birth date in a court of law should be considered
QUESTIONS PRESENTED = a SHOULD A. PERSON'S MISREPRESEMTATION OF HIS AGE ar THE Time “Of. iS Arresr OR THE PERSONS AIRTH conmpeare eiCae_ HIS PATE Of BIRTH Ih A COURT Of LAW ? ele a. SHOULD A FOREIGN NATIONAL, WHO MISREPRESENTED His ACE AT bite time OF WIS, KRREST. AND. Wits “THE STATE courts Have | Heit HAT THE. PROSECUTION HAS DEEN UNABLE To_€STABUSH. ‘HIS. Date ef BIRTH WITH CERTAINTY, RE COuTI We TO_BE_ | PENALIZED DM TRE STATE COURTS Eve ACTER. HES pRoviven HHS BIRTH CERTF COTE TO. THE. COURTS AND. HIS BIRTH Cea fiCAE ESTABUSHES THAT HE WAS A. JUVENILE AT THE Time OF THE. | OFENSES 2 ee ccc een TUN STATE CouRTS WHEN AN ADVERSE TUBEMENT PRECLURES A HABEAS CORPUS AND THE HABEAS. CougT ACKNOWLEDGE int uITS_O PINION THAT THE TRIAL. COURT, PROSECUTION ANDO STATES EVIDERKE COVED NOT_ESTABUSH. THE. PETIT. CN ERS. BIRTDATE, WAT CERTAINTY.) AND THEE. HABEAS CLAIM 1S. BASEN ON THE... PETITIONERS AGE. AT THE Time_OfF THE OfFEWSE, SHOULD... THE PETITIONERS BIRTH CERTIFICATE BE THE ULTIMATE Took . TO.ESTABUSH HIS BIRTHDATEP. 0 Sol . j IW. WHEN THe STATE 1S UNABLE To ESTABLISH A FORCIEN NATIONALS ' DATE OF BIRTH WITH CERTAINTY TO A COURT OF LAW, SHOULD | JHE FOREIGN NATIONAUS BIRTH CERTIFICATE ESTABLISH HIS PATS OF BIRTH ? . (M: SHQULD A HABEAS CORPYS PETITION, THAT WAS SVA SpomTe, . DISM)SSED WITHOUT A HEARING, WITHOUT THe COURT MAKING . ANY FINDINGS Of FACTS OR ANY CoNcLUSiIONS EF LAW AND Wit NO PRESUDICE, PRECLUDE A PERSON From REFILING THE PETITION? ; Vr. Since GHie LAW DOES NOT ALLOWS A HABEAS CORPUS WHEN THERE JS ADEQUATE REMEDY AT LAW, AND AFTER THE REMEDY WAS SoucinT AND WAS PROVED TO BE INADEGUATE AND INEFFECTIVE, SHOULD, RESTUDICATA PRECLUDE THE CONSTITUTIONAL PRIVILEGE TO file, A. WRIT oF HABEAS coepys ? ; MW. SHovLD A PeTinan for pasT Caomvicrien RELUIEL FEO Bir 774 TRUL COURT (hapaplGE OR, DIY COMSTTITOTIOMAL. PRIVILECE TO fHEA STATE , YbEnS Coppus F _ WOT. SHovLD A STATES VERSION OF HABEAS CORPUS PIRROZ OR. [MWIMIZE. THE PeDeRAL Version) Of HABEAS CORPUS 7 . 1 | fs THE LAW ANID_UNEGUAL. | eeerm Do NOTAPPLY THE SAME | Law PRINCIPLE. AND DO NOT GivE_THE SAME_TREATMENT To | Iecibal_wan ONALS_ASTHE_STATE COURTS _Di ow us. | . lwaTiowaL_whe N BOTH PRESENTED Tt HE Same PACTS AND Chaim? | a HE _|S_THE_OWIO HABEAS. CORPYS_STATUTE. | N_CORFLICT WITH_U A | LAY W_BY_LiniciN6_TH €_ERA WTING OF HABEAS JO CASES IMHERE THE SENTENCIVG_COURT. LACK conus ere | [Surispieien 2 Po Ye is THE Ome version of. HA neas coRpuS A_suspevsion of _| bie ws RIT_OR Do€S iT viet vres_me Consanmundns ayo us low By wet ALLow iNG_A_ PERSON TO_RASE TE CLAIM THAT Ie 1s ww Custopy in violation of THE WS. Cows rureTi= law oi canes on Rearies OL. THe Vented srares2 | jit .