No. 19-6359

Stephen Nivens v. Maryland

Lower Court: Maryland
Docketed: 2019-10-25
Status: Denied
Type: IFP
IFP
Tags: administrative-hearing administrative-law correctional-services double-jeopardy due-process judicial-review sentencing-credits special-project-credits standing statutory-interpretation venue
Key Terms:
AdministrativeLaw FifthAmendment DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether Judge Daniel P. Dwyer as the Administrative Judge was to preside over and hear Petitioner's hearing for Judicial Review instead of Judge Boyer

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . 1.) Whether Judge Daniel P. Dwyer as the Administrative Judge was to preside over and hear Petitioner’s hearing for Judicial Review instead of Judge Boyer . pursuant to Correctional Services Article §10-210? 2.) Whether the Petitioner is no longer eligible for Special Project Credits (SPC) for double celling, pursuant to COMAR 12.02.06.04N(2) and COMAR 12.02.06.04F, although the Petitioner pursuant to the Correctional Services Article, subtitle 5 sections §11-501 through §11-509 of the Annotated Code of Maryland, is allowed to earn Special Project Credits (SPC) for double celling while in pre-trial status, but once he is committed to the D.O.C. is no longer eligible? 3.) Whether the Petitioner has pre-existing rights and entitlements concerning the law as it existed in 1987 concerning COMAR 12.02.06.04N(2) and . COMAR 12.02.06.04F regarding SPC? 4.) Whether the Petitioner received fair notice and did the government show and exercise governmental restraint when the legislature increased punishment beyond what was prescribed when the crime was consummated in 1987 concerning COMAR 12.02.06.04N(2) and COMAR 12.02.06.04F regarding SPC? 5.) Whether the Petitioner has a right to the GCC credited to his prior sentence according to the Double Jeopardy Clause and CPA §6-218 (c) and its ambiguity and vagueness, as the included credit applied to his sentence, after the sentence was vacated, to be credited toward his current sentence? PAGE 4 INDEX ;

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)
2019-07-18
Application (19A74) granted by The Chief Justice extending the time to file until October 14, 2019.
2019-06-14
Application (19A74) to extend the time to file a petition for a writ of certiorari from August 15, 2019 to October 14, 2019, submitted to The Chief Justice.

Attorneys

Stephen Nivens
Stephen Nivens — Petitioner