No. 19-8303

Wadress Metoyer, Jr. v. Delynn Fudge, in Her Individual and Official Capacity as Executive Director of the Oklahoma Pardon and Parole Board, et al.

Lower Court: Tenth Circuit
Docketed: 2020-04-19
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights due-process liberty-interest parole parole-eligibility sentencing-guidelines sentencing-range truth-in-sentencing
Key Terms:
SocialSecurity DueProcess FourthAmendment
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Did the Oklahoma legislature mandate a truth-in-sentencing act to provide a meaningful opportunity for parole release

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; 1. Did the 1997 Oklahoma Legislature mandate in its statutory language, ; phrases provisions, design, purpose and intent in House Bill 1213 effective date July 1, 1997-98, to the Oklahoma Pardon and Parole Board (PPB) ; pursuant to the provisions and procedures mandated in Oklahoma’s Truth. In-Sentencing Act/Laws in Title 57 O.S. Supp. 1997-2018, § 332.7 and its subsections (A) (1) (B) (1) (2) 1997 version and subsections (A) (1) @) (G) and (O) 2018 version in House Bill 2286, effective date November 1, in its context as a whole for offenders crimes committed prior to July 1, 1998, the replacement of its discretionary parole consideration review to a mandatory realistic opportunity to be release on a parole through an indeterminate sentencing range determination of what sentence pursuant to Section 6, ; 598, 599, 600 and 601, Chapter 133 O.S. L. (1997) he/she would have . received pursuant to the applicable matrix. See, Title 57, O.S. Supp. 2018, § 332.7 (A) (1) (B) (F) and (O) effective date November 1, 2018 in its statutory ; '.. provisions, language, design purpose, intent and context as a whole -. ; pursuant to the Oklahoma applicable sentencing and release through a supervised parole and/or a discharge of sentence by accumulated earned credits established by Title 57 O.S. § 138? 2. Did the statutory language, design, purpose and intent in House Bill 1213 ; effective date July 1, 1997 and House Bill 2286 effective date July 1, 1997 ; and House Bill 2286 effective date November 1, 2018 for an offender’s crimes committed prior to July 1, 1998 create and mandate a truth-in. sentencing act/laws providing a meaningful and realistic opportunity to _ velease by a determination of what sentence they would have received . pursuant to the applicable matrix pursuant to Section 6, 598, 599, 600 and : 601, Chapter 133 O.S.L. sentencing range-sentencing . guidelines providing a control sentencing and release by the PPB upon ; recommendation to the governor of the state of Oklahoma pursuant to Oklahoma’s contract agreement and requirements set-forth in 42 U.S.C.A. § ; 1370 (1) () (2) (8) and § 13704 (a) (i) (A) (C) @? 3. Did the Oklahoma truth-in-sentencing act/laws pursuant to title 57, O.S. ; Supp. 1998-2018 § 332.7 (A) (1) ) (G) and (O) effective date November 1, 2018 create a constitutional protected liberty interest right in its statutory provisions and language, as presented in its statutory design, purpose and intent to a mandatory procedure to be implemented, applied and . . administered to offenders crimes committed prior to July 1, 1998 upon their one-third (1/3) parole eligibility date, in providing a mandatory ‘indeterminate sentencing range system for the PPB to recommend a sentencing and release by a supervised control parole release and/or discharge by accumulated earned credits (57 O.S. § 138), if the maximum of i the indeterminate sentencing range has been discharged? See Section 6, 598, 599, 600 and 601 Chapter 133 O.S.L. (1997) and § 332.7 (0). 4. Did the Tenth Circuit Court of Appeals and the United States District 7 Court for the Western District of Oklahoma orders entered on January 6, 2020 on rehearing by the 10% Cir. And on October 10, 2019 by the district court failed to acknowledge, discuss, analyze and consider relevant facts ; . presented under Oklahoma Constitution Article VI, § II, and V, § 1 it states: The right to make and pass laws exists solely within the legislature and the execute not the judiciary. Oklahoma's legislature re-enactment and revived by effective date the statutory provisions of § 332.7 (A) (1) (C) ®) and (0) / creating Plaintiffs statutory established liberty interest right thereto ; protected by due process of law 14 Amendment to a meaningful opportunity to a realistic opportunity to a sentencing and release pursuant ; to Oklahoma’s truth-in-sentencing act/laws mandating a procedure to “what sentence an offender’s crime committed prior to July 1, 1998 would have

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-06-01
Supplemental brief of petitioner Wadress Metoyer filed. (Distributed)
2020-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2020)

Attorneys

Wadress Metoyer
Wadress Hubert Metoyer Jr. — Petitioner
Wadress Hubert Metoyer Jr. — Petitioner