No. 20-285

Herman Tracy Clark v. Jerold Braggs, Warden

Lower Court: Tenth Circuit
Docketed: 2020-09-03
Status: Denied
Type: Paid
Tags: aedpa-restriction commutation due-process fourteenth-amendment habeas-corpus impartiality liberty-interest pardon pardon-and-parole parole statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Whether the word 'shall' binds the Oklahoma Pardon and Parole Board decision

Question Presented (from Petition)

QUESTION PRESENTED Whether the word “shall” binds the Oklahoma Pardon and Parole Board decision that must be pursued in the ordinary mode prescribed by law, to be adapted to the end to be attained in respect to the justice of the Governor who has the sole power to grant commutation subject to the regulations prescribed by law to protect Petitioner’s liberty interest under the Due Process Clause of the Fourteenth Amendment? Whether impartiality binds the Pardon and Parole Board is to preserve the impartiality of the state and preserve the appearance of the impartiality of the state in respect to the Petitioner’s interest in the reason for the Pardon and Parole Board’s decision? » _And, do a 28 U.S.C. § 2254 AEDPA restriction also bar grieving the * Government for redress of the Pardon and Parole Board’s commutation ~ and parole consideration procedure challenging the duration of his physical imprisonment by way of a 28 U.S.C. § 2241, relief seeking a determination that entitles immediate release or a speedier release with a definite sentence? 1

Docket Entries

2020-11-09
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-02-26
Petition for a writ of certiorari filed. (Response due October 5, 2020)

Attorneys

Herman Tracy Clark
Herman T. Clark — Petitioner
Herman T. Clark — Petitioner