John Joseph Barrera v. Noah Nagy, Warden
DueProcess HabeasCorpus
Where a state criminal defendant has been sentenced on the basis of inaccurate/false information used by the sentencer to increase his punishment, following a remand from the state highest court for correction and resentencing, and the same punishment was again imposed, is habeas relief warranted under this court's ruling in Townsend v Burke on due process protections under US Const. Amend. XIV?
QUESTION PRESENTED WHERE A STATE CRIMINAL DEFENDANT HAS BEEN SENTENCED ON THE BASIS OF INACCURATE/FALSE INFORMATION USED BY THE SENTENCER TO INCREASE HIS PUNISHMENT, FOLLOWING A REMAND FROM THE STATE HIGHEST COURT FOR CORRECTION AND RESENTENCING, AND THE SAME PUNISHMENT WAS AGAIN IMPOSED, IS HABEAS RELIEF WARRANTED UNDER THIS COURT'S RULING IN TOWNSEND V BURKE ON DUE PROCESS PROTECTIONS UNDER US CONST. AMEND. XIV? Petitioner ANSWELS vce sceeesestes ess