No. 19-5356

Rashad Washington v. Nebraska

Lower Court: Nebraska
Docketed: 2019-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: black-codes class-v-united-states equal-protection fourteenth-amendment jim-crow procedural-default racial-discrimination statutory-interpretation supremacy-clause territorial-application
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Was Mr. Washington convicted under a statute that is void on its face?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Was Mr. Washington convicted under a statute, Neb Rev. Stat. § 28-1212.04 that is void on its face by using territorial definitions of application that make the statute applicable to 1.80% of the area of the Nebraska but encompasses 95% of the Nebraska’s African-American population? Does this territorial limitation immunize the white rural majority population from prosecution for the identical conduct in violation of the Equal Protection Clause of the Fourteenth Amendment? Is this law the quintessential use of territorial restrictions ringing of The Black Codes and Jim Crow Laws? Based on Class v. United States, ___ U.S. ___, 188 S.Ct. 798 (2018) can there be a procedural default where the claim is that the statute is facially unconstitutional. Should this court should accept this case under S.Ct. R. 10 (©) because the Nebraska Supreme Court has decided an important question of federal law by invoking procedural default to preclude consideration on the merits of a facially unconstitutional statute, Neb. Rev. Stat. § 28-1212.04, that conflicts with the relevant decision of this Court in Class v. United States, supra?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Waiver of right of respondent State of Nebraska to respond filed.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)

Attorneys

Rashad Washington
Brian Scott MunnellyMunnelly Law office, Petitioner
Brian Scott MunnellyMunnelly Law office, Petitioner
State of Nebraska
Austin Nicholas RelphNebraska Attorney General's Office, Respondent
Austin Nicholas RelphNebraska Attorney General's Office, Respondent