No. 19-8355

Lancey Darnell Ray v. Kevin Stitt, Governor of Oklahoma

Lower Court: Oklahoma
Docketed: 2020-04-24
Status: Denied
Type: IFP
IFP
Tags: due-process equal-protection federal-grants federal-statute parole parole-eligibility prisoners-rights private-prisons sentencing-rules state-corrections truth-in-sentencing
Key Terms:
SocialSecurity DueProcess Securities JusticiabilityDoctri
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether 34 U.S.C.A. § 12104's (Formerly cited as 42 U.S.C.A. § 13704) 85% requirement disturb States' settled parole statutes regarding eligibility for consideration for parole

Question Presented (OCR Extract)

QUESTIONS PRESENTED PREFACE TO QUESTIONS PRESENTED: Prisoners, by the very nature of their circumstances, are more than merely similarly situated; they are exactly situated. A prisoner’s first opportunity for a parole consideration should therefore occur with some semblance of equal incidence. In Oklahoma, that would mean eligibility for a consideration for parole at one-third (1/3) or one-fourth (1/4) of the sentence imposed . ' for all persons within the custody of the Department of Corrections as it had. been before the adoption of 42 U.S.C.A. § 13704’s 85% Rule. QUESTIONS: 1. Whether 34 U.S.C.A. § 12104’s (Formerly cited as 42 U.S.C.A. § 13704) 85% requirement mean to disturb States’ settled parole statutes regarding eligibility for consideration for parole. 2. Has Petitioner presented a justiciable question of fact concerning whether Okla. Stat. tit 21 § 12.1’s 85% Rule-adopted from 34 U.S.C.A. § 12104 (Formerly cited as 42 U.S.C.A. § 13704)-applied to eligibility for a consideration for parole, serve a legitimate state purpose. i

Docket Entries

2020-09-11
Rehearing DENIED.
2020-08-20
DISTRIBUTED.
2020-07-24
Petition for Rehearing filed.
2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2020)

Attorneys

Lancey Darnell Ray
Lancey Darnell Ray — Petitioner
Lancey Darnell Ray — Petitioner