No. 19-7244

David Anson Alandt v. Arkansas

Lower Court: Arkansas
Docketed: 2020-01-10
Status: Denied
Type: IFP
IFP
Tags: actual-innocence actual-innocence-claims constitutional-rights criminal-procedure due-process evidence evidence-withholding executive-clemency habeas-corpus newly-discovered-evidence post-conviction-appeal
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Whether Arkansas' criminal court system provides a remedy for claims of actual innocence based on newly discovered evidence

Question Presented (OCR Extract)

QUESTION PRESENTED According to Arkansas State Supreme Court Justice, Josephine L. Hart, There is no remedy in the Arkansas criminal court system which permits prisoners to make claims of actual innocence based on newly discovered evidence if-such a claim falls outside the narrow limitations of existing remedies. The federal writ of habeas corpus may or may not provide a : : remedy for such claims. Executive clemency is an inadequate remedy. Given the likelihood that the legislature will not act in this area, the Arkansas Supreme Court should provide prisoners or charged felons serving active sentences who are actually innocence the opportunity to establish their innocence. Otherwise, in time, Arkansas will accept a shocking injustice: innocent persons will serve sentences of imprisonment or worse be put to death despite the discovery of new ; evidence that could prove their innocence. And so long as the innocent are imprisoned or : executed, the guilty are at large, safe in the knowledge that others are serving their sentences. The questions presented are: 1. Whether Alandt’s requests for Counsel and evidence before being extradited violated his rights established by Statutes, Treaty and Act? _ 2. Whether a single instance of bumping or touching, but not crossing, the fog line on a Interstate Highway establishes Probable Cause? " N QUESTION PRESENTED (cont'd) 3. Whether defense counsel's bias attempts in instructing a defendant to make a plea bargain of one dollar rather than cross-examining their client for the purpose of discrediting the reliability or credibility of an adverse witness who you know to be telling the truth when new evidence is to establish actual innocence? 4. Whether the State of Arkansas’ significant history created an unconstitutional risk of bias under the due process clause when evidence in support of actual innocence is withheld from a defendant seeking post conviction appeal to an obtained illegal sentence or any requests for hearings on Petitions to complete the record to resolve remedy subject matter? 5. Whether the State Arkansas can withhold evidence in support of actual innocence from a Petitioner seeking post conviction appeal of an illegal sentence or request for hearings on Petitions for Writ of Certiorari to complete the records for review? 6. Whether the State Trial Judge unconstitutionally violated State and Federal Criminal Rules and Alandt's rights to petition, due process, equal protections, freedom of speech, U.S. Const. Amends: I, IV, V, VI, XIV, § 1 and § 3 and United States Constitution's Article II and VI? ii : f

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2019-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Arkansas
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
David A. Alandt
David Anson Alandt — Petitioner