No. 19-8260

Alvin Fulton v. New York

Lower Court: New York
Docketed: 2020-04-15
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses
Key Terms:
Securities
Latest Conference: 2020-06-11
Question Presented (AI Summary)

Whether issuance of the writ is agreeable to the usages and principles of law, whether the State of New York Court of Appeals has decided an important federal question in a way that conflicts with the Ex Post Facto Clause, whether the State of New York statute is punitive where it increased classification of the offense of 'Course of sexual conduct against a child in the first degree' from a non-violent felony offense to a violent felony offense and thereby increased a punishment, whether an error of law or fact occurred below that constitutes a fundamental defect which inherently resulted in a complete miscarriage of justice

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | 4. Whedter issuance of the Weer 1S agreeable +o | the usages and principles of [aw whether +h State of Alew dork Court of A eals has 3 riled an important Federal question 'M a boay that cortliets with the # post Lacto clause 3. Whether the State of Alew Mork Statute iS punitive Where it encreased classification of the offense of . Course of sexual conduct against 4 child in the . fiest degree” from an non — violent felony offen se to an violent felony offense and thereby increased a punishment from an inditer mi nate MoxtMaM — . Sentence of l2% to 25 Ears imprisomertt +o an determinate Maximum Sentence of 25 years | imprisonment followed by 5 years postrelease Supervision , 4. Whether an error of law ov fact pecurved below 4nat constitutes a fundamental defect which inherently resulted in a complete Miscarriage of justice | : . 4 | Potrtioners current Sentence of 25 years >: te monet “Collowed by 5 years. postrelease Supecvision 1S manifestly erroneous » : . ne

Docket Entries

2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2020)
2019-12-05
Application (19A627) granted by Justice Ginsburg extending the time to file until February 3, 2020.
2019-11-22
Application (19A627) to extend the time to file a petition for a writ of certiorari from December 5, 2019 to February 3, 2020, submitted to Justice Ginsburg.

Attorneys

Alvin Fulton
Alvin Fulton — Petitioner
Alvin Fulton — Petitioner