Question Presented (from Petition)
Does subjecting petitioner's pro se Rule 35(a) argument styled, "Correction of an Illegal Sentence," to the 35(b) timeline, violate petitioner's Federal Constitutional Due Process and Equal Protection Rights? When that ruling, bars petitioner's federal filing rights under the Antiterrorism and Effective Death Penalty Act of 1996, by misquoting Rule 35 of the West Virginia Rules of Criminal Procedure.
Question Presented (AI Summary)
Whether the lower court erred in its interpretation and application of the relevant civil-rights, due-process, and equal-protection laws
Docket Entries
2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-20
Waiver of right of respondent West Virginia to respond filed.
2020-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2020)
Attorneys
Alan Lane Hicks
Alan Lane Hicks — Petitioner
West Virginia
Lindsay Sara See — Office of the West Virginia Attorney General, Respondent