AdministrativeLaw SocialSecurity DueProcess HabeasCorpus JusticiabilityDoctri
Do the guarantees of equal protection and due process of law extend to individuals seeking postconviction relief?
QUESTION(S) PRESENTED 1. Do the guarantees of equal protection and due process of law, per the Fifth and Fourteenth Amendment of the United States Constitution; extend to individuals seeking postconviction relief? 2. Does it appear that some individuals, seeking Postconviction relief, are being subjected to arbitrary governmental action by State courts, when it appears, on the face of the record, that a procedural bar exists preventing them from seeking relief under 28 U.S.C §2254 as per the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)? 3. Do Circuit and District Court(s), (State level Courts), create a “class of one”, in violation of a petitioner’s due process and equal protection rights, when they depart from the essential requirements of the law at each stage of the postconviction proceedings, without explanation or justification? ii : r fs