No. 19-8482

Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al.

Lower Court: Eighth Circuit
Docketed: 2020-05-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conviction district-court due-process habeas-corpus judgment judgment-of-conviction petition-for-writ procedural-error sentence state-custody
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether petitioner is in state custody pursuant to a sentence, not pursuant to the judgment, which includes both the conviction and sentence?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED oe Mr. Gray alleged that he is in state custody "pursuant to" a sentence, not pursuant to "the" (e.g. one) judgment, which includes both the conviction and sentence. The records maintained by the Clerk of the District Court of Lancaster County, Nebraska, do not contain a record entitled "Judgment of Conviction" in case number CR 06-511 in the District Court of Lancaster County, Nebraska. Did the United States district court err in denying and dismissing without prejudice to reassertion in a petition-for writ of habeas corpus pursuant to 28 U.S.C. §2254 properly authorized by the Eighth Circuit Court of Appeals ? The Petition presented the question "whether petitioner is in state custody pursuant to a sentence, not pursuant to the judgment, which includes both the conviction and sentence ? : (i)

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
Waiver of right of respondent Scott Frakes, et al. to respond filed.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2020)

Attorneys

Graylin Gray
Graylin Gray — Petitioner
Graylin Gray — Petitioner
Scott Frakes, et al.
James D. SmithNebraska Department of Justice, Respondent
James D. SmithNebraska Department of Justice, Respondent