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