Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al.
DueProcess HabeasCorpus
Whether petitioner is in state custody pursuant to a sentence, not pursuant to the judgment, which includes both the conviction and sentence?
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)