No. 18-7856

In Re John Peyton Alexander

Lower Court: N/A
Docketed: 2019-02-08
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: antiterrorism-and-effective-death-penalty-act commutation-and-reduction-of-sentence due-process equal-protection ex-post-facto habeas-corpus jurisdictional-issue parole-revocation sentence-expiration successive-writ suspension-clause time-sensitive
Latest Conference: 2019-05-23 (distributed 2 times)
Question Presented (from Petition)

1. Since, in the drafting of the AEDPA, the U.S. Congress omitted successive-writ exceptions for a prisoner in state custody seeking federal habeas corpus relief who claims that his sentence has expired or his parole has been newly revoked, how does such a prisoner, who has exhausted his state-court remedies, overcome the locked metaphorical gate of 28 U.S.C. § 2244(b) in order to obtain the Privilege of Habeas Corpus - Art. I § 9 clause 2?

2. How is a 60-days Governor's Executive Earned Time Commutation and reduction of sentence to be applied to the maximum-term of a state-prisoner's life-sentence? - Amendment due process protection

3. With supplements of statutory earned time credits deducted from the Mississippi Governor's commutation of his life-sentence, is this prisoner to be discharged? - Art. I § 10 clause 1 - Ex post Facto - Amendment due process protection

Question Presented (AI Summary)

Whether the omission of successive-writ exceptions for prisoners seeking federal habeas corpus relief for expired sentences or unlawful parole revocations in the Antiterrorism and Effective Death Penalty Act (AEDPA) violates due process, equal protection, and the Suspension Clause

Docket Entries

2019-05-28
Rehearing DENIED.
2019-05-07
DISTRIBUTED for Conference of 5/23/2019.
2019-03-28
Petition for Rehearing filed.
2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2018-09-08
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

John Peyton Alexander
John Peyton Alexander II — Petitioner