No. 19-7883

Tyrone Harris, Sr. v. Arkansas

Lower Court: Eighth Circuit
Docketed: 2020-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law criminal-sentencing criminal-statute-conflict due-process habitual-offender judicial-review prejudice prejudice-standard sentencing statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Did the District Court err in deferring to the lower court's finding, that Mr. Harris was not prejudice during his guilty plea sentencing hearing

Question Presented (OCR Extract)

Questions Presented . Mr. Harris alleges an obvious conflict between the criminal 16-93-609(b), and the habitual offender statute 5-4-501(d)(2), that prohibits the two from being read in a harmonious , way. A reasoned de novo review of the statutes is warranted by this Court. In finding no prejudice as required by law. This direct conflict shows that the two statutes cannot be read harmoniously. Because the sentence imposed by 16-93-609(b) is prohibited by the plain meaning of the later Ark. Code Ann. 5-4-501(d)(2), the earlier contradictory statute should be deemed superceded. In finding no prejudice the Federal District Court significantly misstated the version of the facts. This case thus presents the following question: | Did the District Court err in deferring to the lower court’s finding, that Mr. Harris was not 4 prejudice during his guilty plea sentencing hearing. i .

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-04-03
Waiver of right of respondent Arkansas to respond filed.
2020-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2020)

Attorneys

Arkansas
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Tyrone Harris
Tyrone Harris Sr. — Petitioner