No. 19-5739

Duane Pope v. Scott R. Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Nebraska
Docketed: 2019-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 8th-amendment cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto privileges-and-immunities separate-sovereigns separate-sovereigns-doctrine
Key Terms:
DueProcess FourthAmendment Punishment
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Does the 'separate sovereigns' doctrine permit multiple punishments that are exempted from the constitutional prohibitions against cruel and unusual punishment or ex post facto changes to the punishment imposed?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The U.S. Supreme Court's recent affirmation of the "separate sovereigns" . doctrine in Gamble v. U.S., U.S. ___, 139 S.Ct. 1960 (2019), raises a number of questions in the Petitioner's case as to the boundaries of that doctrine. ee #1. Does the "separate sovereigns" doctrine permit multiple punishments that are exempted from the constitutional prohibitions against cruel and unusual punishment or ex post facto changes to the punishment imposed? Specifically, , . #2. Where the “separate sovereigns" doctrine permitted the Petitioner's two separate convictions, in the Federal Court and then in the State Court, does the 8th Amendment's prohibition of cruel and. unusual punishment, applying “through the 14th Amendment's Due Process and Privileges and Immunities clauses require concurrent rather than consecutive, cumulative,. double punishment?*. #3. Where the "separate sovereigns" doctrine permitted the Petitioner's two separate convictions, in the Federal Court and then in the State Court, does the 14th Amendment's privileges and immunities clause prohibit the State's . ex post facto changes to the second, separate, and consecutive sentences?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-13
Waiver of right of respondent Scott Frakes to respond filed.
2019-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

Duane Pope
Duane Pope — Petitioner
Duane Pope — Petitioner
Scott Frakes
James D. SmithNebraska Department of Justice, Respondent
James D. SmithNebraska Department of Justice, Respondent