No. 19-6459

Kenneth K. DuVall v. Carlos Hernandez, Superintendent, Avery Mitchell Correctional Institution

Lower Court: Fourth Circuit
Docketed: 2019-10-31
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 1st-amendment 5th-amendment access-to-courts constitutional-challenge criminal-procedure double-jeopardy due-process federal-standards judicial-relief judicial-review state-imprisonment
Key Terms:
Securities
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Did Judge Whitney's failure to rule on Petitioner's newly discovered evidence of Double Jeopardy issues deny Petitioner his 5th and 14th Amendment Rights to due process and access to the courts for judicial relief?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED © Did Judge Whitney's foilure.to rule.on Petitioners newly discovered evidence of Double. Teopardy issues deny Petitioner his 1 and 14 Amendm ent Rights to due process and.access to the courts for judicial relief In that the State twice punished Petitioner forthe same offense? (And. Unlawfully time Barred Petition er) ee ° &.Was Tudge Frank. whitney ruling lacking as to enforcements of due process, due to the fact that the State. of North Carolina has chosen to adopt the Federal indictment procedure, should not also the 5“ Amendments Rights be granted toa State and Federalcitizen ~ ¢ 3..Did.the Federal courts allow the State of North Carolina to Keep ths Petitioner un lawfully iMpnson_under an__ unconstitutional Sta tutes. that ber ng-§ a PIMAATAG)OS SIM-ATY ICIS Voiloting his 4 and yt — Aroendments Rights? i

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2019)

Attorneys

Kenneth K. DuVall
Kenneth K. DuVall — Petitioner