No. 20-8239

Jeffrey S. Whitaker v. Mike Parris, Warden

Lower Court: Sixth Circuit
Docketed: 2021-06-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: breach-of-contract contract-law due-process fourteenth-amendment newly-discovered-evidence plea-agreement statute-of-limitations substantive-due-process
Key Terms:
SocialSecurity DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

When the opposing party breaches the terms of the plea agreement under the law of contracts, does the one-year statute of limitations begin to run when one party demonstrates a clear intention not to be bound by the contract or demonstrates a clear repudiation of the (plea agreement) contract, must the State court, district court, and the Sixth Circuit Court of Appeals nevertheless ignore the existence of supporting evidence and well establish law that allowed the Petitioner to be bound by a harsher sentence than before that he did not agree upon denying him due process of law under the Fourteenth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. When the opposing party breaches the terms of the plea agreement under the law of contracts, does the one-year statute of limitations begin to run when one party demonstrates a clear intention not to be bound by the contract or demonstrates a clear... repudiation of the (plea agreement) contract, must the State court, district court, and the Sixth Circuit Court of Appeals nevertheless ignore the existence of supporting evidence and well establish law that allowed the Petitioner to be bound by a harsher sentence than before that he did not agree upon denying him due process of law under the Fourteenth Amendment. a. Review is warranted because the State court’s, district court’s, and the Sixth Circuit Court of Appeal’s decision conflicts with the opinions of this Court and significantly undermines this Court’s well established controlling law concerning contract law in relation to when the one-year statute of limitations begin to run when one party breaches a _ contract (plea agreement) violates substantive due process under the Fourteenth Amendment. . II. When Whitaker obtained newly discovered evidence, does the one-year statute of limitations begin to run from the date the evidence was discovered to raise his claims for relief, must the district court, and the Sixth Circuit Court of Appeals nevertheless ignore this Court’s well established controlling law denying him substantive due process of law under the Fourteenth Amendment. a. Review is warranted because the district court’s, and the Sixth Circuit Court of Appeal’s decision conflicts with the opinions of this Court and significantly undermines this : Court’s well established controlling law concerning the one-year statute of limitations to raise his claims for relief in relation to newly discovered evidence denying him substantive due process of law under the Fourteenth Amendment. li

Docket Entries

2021-10-04
Petition DENIED.
2021-07-15
DISTRIBUTED for Conference of 9/27/2021.
2021-07-06
Waiver of right of respondent Mike Parris, Warden to respond filed.
2021-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2021)

Attorneys

Jeffrey S. Whitaker
Jeffrey S. Whitaker — Petitioner
Jeffrey S. Whitaker — Petitioner
Mike Parris, Warden
Zachary L BarkerOffice of Tennessee Attorney General, Respondent
Zachary L BarkerOffice of Tennessee Attorney General, Respondent