No. 18-8723

Miles Sterling Bench v. Oklahoma

Lower Court: Oklahoma
Docketed: 2019-04-08
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment affidavit civil-rights competency costs criminal-appeals death-penalty declaration due-process filing-fees in-forma-pauperis indigent indigent-status mental-illness oklahoma-law supreme-court-procedure writ-of-certiorari
Key Terms:
AdministrativeLaw DueProcess CriminalProcedure Punishment JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a person with severe mental illness

Question Presented (OCR Extract)

No question identified. : MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS Petitioner, Miles Sterling Bench, an indigent inmate of the Oklahoma State Penitentiary, submits this Motion for Leave to Proceed In Forma Pauperis with his Petition for Writ of Certiorari to the Oklahoma Court of Criminal Appeals. As demonstrated in the attached affidavit, Miles Sterling Bench, has been in the continuous custody of the State of Oklahoma since his arrest on criminal charges. The attached affidavit is on the form provided by the Clerk of this Court, and complies with this Court's Rule 39.1 and 28 U.S.C. Section 1746(b) and 1915. It is respectfully requested that this Court grant this Motion for Leave to Proceed In Forma Pauperis, and permit Miles Sterling Bench, to submit his petition for writ of certiorari for filing without prepayment of filing fees or costs. Respectfully, Katrina Conrad-Legler , United States Supreme Court No. 307360 Oklahoma Bar Assoc. No. 16953 Oklahoma Indigent Defense System Homicide Direct Appeals Division P.O. Box 926 Norman, OK 73070 (405) 801-2666 (405) 801-2690 (telefascsimile) ATTORNEY FOR PETITIONER AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1 Miles _ Bench. ___, am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly amount during Amount expected the past 12 months next month You Spouse You Spouse Employment an >) s_ N/A oer ee N/ Pe Self-employment $ O gsNMOCT gl OQ. _ $$ N/K ; 4 Income from real property ne) sg \ sO é See (such as rental income) woe re Interest and dividends $ O . $e. $ oO 3 i Gifts s_O sl! soe 5S ee w 4 Alimony s_O st“ ¢ O $ : . te . Child Support s_O 5 sO 5 “a / xu c “s de Retirement (such as social ae) 5 an $ Oo $ security, pensions, annuities, insurance) AY . Disability (such as social $_O $ Z s OC s_* te security, insurance payments) Unemployment payments $ O gs “7% ne as = ooh Public-assistance s_O $ MoM s 2) SLM ge (such as welfare) . Trdi get oO as ‘n rim as os Other (specify): 0oe-Fund S 5 S g 11.50 ghee ae te a ir w“ Total monthly income: ¢ [|.50 $ g (50 $ 2, List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment WA N/A eg iO i a a es i a ee Soo 3. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment N/A NIA A —EE a eee $e ee ee a So 4. How much cash do you and your spouse have? $ N/A ee sews ey Below, state any money you or your spouse have in“bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has —[V_me—_ Nema — s. . oe US: aa a 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. (1 Borie {"] Other reyfstate Value Value 4 C) Motor Vehicle #1 C] Motor Voticle #2 Year, pike & model _ __ Year, Make & model Value _ Value C) Other g4sets Deseryption N IB tes zs i Valife . G6. State every person, business, or organization owing you or your spouse money, and the amount owed, Person owing you or Amount owed to you Amount owed to your spouse your spouse money n/a sO. sf wee $e S$ So So So 7. State the persons who rely on you or your spouse for support. Name Relationship A

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-07
Brief of respondent State of Oklahoma in opposition filed.
2019-05-01
Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2019.
2019-04-26
Motion to extend the time to file a response from May 8, 2019 to June 7, 2019, submitted to The Clerk.
2019-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2019)
2019-01-30
Application (18A783) granted by Justice Sotomayor extending the time to file until April 8, 2019.
2019-01-22
Application (18A783) to extend the time to file a petition for a writ of certiorari from February 5, 2019 to April 6, 2019, submitted to Justice Sotomayor.

Attorneys

Miles Bench
Katrina Susanna Conrad-LeglerOklahoma Indigent Defense System, Petitioner
Katrina Susanna Conrad-LeglerOklahoma Indigent Defense System, Petitioner
State of Oklahoma
Caroline Elizabeth Jane HuntOklahoma Attorney General's Office, Respondent
Caroline Elizabeth Jane HuntOklahoma Attorney General's Office, Respondent