No. 18-8726

In Re Stetory Calhoun

Lower Court: N/A
Docketed: 2019-04-08
Status: Denied
Type: IFP
IFP
Tags: alabama capital-offenses constitutional-challenge constitutional-law criminal-law death-penalty due-process gang-related-murder legislative-intent legislative-process statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether Act No. 92-601 is unconstitutional on its face because it omits the subject of legislation as passed by the Alabama Legislature

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER ACT NO. 92-601, AS ENROLLED, AND APPROVED BY THE GOVERNOR OF THE STATE OF ALABAMA, (CODIFIED AS SUBSECTIONS (15), (16),(17), AND (18), OF SECTION 13A-5-40(a), OF CODE OF ALA. 1975) IS UNCONSTITUTIONAL ON IT'S FACE BECAUSE IT OMITS THE SUBJECT OF LEGISLATION AS WAS PASSED BY THE ALABAMA LEGISLATURE, WHICH SUBJECT OF LEGISLATION WAS TO AMEND THE ALABAMA DEATH PENALTY STATUTE TO ADD GANG RELATED MURDERS, DRIVE BY SHOOTINGS THAT WERE MURDER, AND MURDER INTENDED TO INCITE PUBLIC TERROR OR ALARM, TO THE LIST OF CAPITAL OFFENSES. ,

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Stetory Calhoun
Stetory Calhoun — Petitioner
Stetory Calhoun — Petitioner