No. 18-9825

Shepell Orr v. Ron Neal, Superintendent, Indiana State Prison

Lower Court: Seventh Circuit
Docketed: 2019-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 14th-amendment-equal-protection 4th-amendment 4th-amendment-seizure 5th-amendment 5th-amendment-due-process 6th-amendment 6th-amendment-fair-trial 8th-amendment-cruel-punishment circuit-court-conflict fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment sudden-heat
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the 7th Circuit Court of Appeals' decision conflicts with another circuit court decision and a state court decision, and whether the petitioner was seized illegally and denied a fair trial

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (Supreme Court Rule 10 et seq.) 1) Whether or not the 7‘ Circuit Court of Appeals has entered a decision (May 08, 2019) in conflict with another decision previously made in the United States Court of Appeals in and for the 7‘ Circuit! on an important matter; [and] has decided an important federal question in a way that conflicts with a decision by a State Court of last resort (i.e. the Indiana State Supreme Court) and has so far departed from the accepted and usual course of judicial proceedings and has sanctioned such a departure by the lower court(s) in this matter in a way that conflicts with relevant decisions of this United States Supreme Court as to call for an exercise of this Court’s supervisory power and Judicial Review. 2) Whether or not the Petitioner was seized illegally and held in violation of the 4th amendment to the United States Constitution and the denial of a fair and impartial trial by jury in violation of the 5tb, 6t and 14tk amendment(s) to the United States Constitution. in relation to claim(s) made in any and all the following Cause Number(s); ; * Note *Brown v. Brown, Slip. Op. 16-1014 pg. 13/14 {| 5-6 dissenting opinion of Circuit Judge Diane Sykes (Decided: February 01, 2017) 847 F. 3d. 502, with re: to Petitioner's Cause as violation(s) under United States Constitutional Law. (4, 5th, 6th, 8th and 14th amendment(s) of the United States Constitution. (The 8th amendment having application for the unlawful and unjust loss of liberty that the Petitioner is currently enduring). $ v STATE OF INDIANA (Plaintiff) v. SHEPELL ORR (Defendant) 45G01-1001-MR-01; Lake County, Indiana Trial Cause; (Specifically that the Petitioner Shepell Orr at trial suffered undue and , unfair prejudice when trial counsel failed to challenge the instructions re: voluntary manslaughter as codified under Indiana Code § 35-42-1°3 subsection (a) (1); “A person who knowingly or intentionally kills another human being. ... . while acting under sudden heat commits voluntary manslaughter, a Level 2 felony (formerly a Class ‘A’ felony as applies to the ; Petitioner under the Indiana ‘savings clausé noted in Indiana Code § 1 et seq.), and that relative to Indiana Code § 35-42-1-3 subsection (b), the existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under Indiana Code § 35-42-1-1(1) of this chapter to voluntary manslaughter.” As applies to Petitioner formerly under Indiana Public Law No. 261-1997 § 1, and has been subsequently amended under Indiana Public Law No(s); 158-2018 § 413; 203-2018 § 2 (Emphasis provided by the Petitioner for brevity). SHEPELL ORR (Appellant) v. STATE OF INDIANA (Appellee) 45A03-1107-CR-308; Direct Review; Indiana Court of Appeals (Specifically that the Petitioner Shepell Orr on direct review suffered undue and unfair prejudice when appellate counsel failed to raise the issue(s) and to actively challenge the instructions re: voluntary manslaughter as codified under Indiana Code § 35-42-1-3 subsection (a) (1); that; (A person who knowingly or intentionally kills another human being. . . . . while acting under sudden heat commits voluntary manslaughter, a Level 2 felony (formerly a Class ‘A’ felony as applies to the Petitioner under the Indiana ‘savings clausé noted in Indiana Code § 1 et seq.), and that relative to Indiana Code § 35-42-1-3 subsection (b) , the existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under Indiana Code § 35-42-1-1(1) of this chapter to voluntary manslaughter.” As applies to Petitioner formerly under Indiana Public Law No. 261-1997 § 1, and has been subsequently amended under Indiana Public Law No(s’ 1582013 § 413; 203-2018 § 2 (Emphasis provided by the Petitioner for brevity). SHEPELL ORR (Petitioner) v. STATE OF INDIANA (Respondent) 45G02-1302-PC-01; Collateral Review; Lake County, Indiana Trial Court . SHEPELL ORR (Appellant) v. STATE OF INDIANA (Appellee) 45A04-1503-PC-87; Collate

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-22
Waiver of right of respondent Ron Neal to respond filed.
2019-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Ron Neal
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent
Shepell Orr
Shepell Orr — Petitioner
Shepell Orr — Petitioner