No. 20-8380

David Simmons v. Earl Houser, Superintendent, Goose Creek Correctional Center

Lower Court: Ninth Circuit
Docketed: 2021-06-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment administrative-remedies civil-procedure constitutional-claim dna-registration due-process ex-post-facto retroactive-application state-supreme-court
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the district court erred in failing to give deference to the state supreme court's determination that petitioner's administrative remedies had been exhausted

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | | | | : | : WHETHER THE DISTRICT COURT ERRED IN FAILING TO GIVE DEFERENCE TO THE STATE SUPREME. COURT'S DETERMINATION THAT PETITIONER'S ADMINISTRATIVE REMEDIES HAD BEEN EXHAUSTED. | WHETHER THE DISTRICT/COURT ERRED IN REFUSING TO CONSIDER PETITIONER'S CONSTITUTIONAL CLAIM VIOLATIONS: THAT THE STATE SUPREME COURT'S RETROACTIVE CONSTRUCTION OF THE 2003 AMENDMENT. TO THE ALASKA DNA I.D. REGISTRATION ACT,AS: APPLIED: TO PETITIONER, WHOSE CONVICTION PRE-DATED THE OPERATION OF THE DIRECTIVES OF THE STATUTE WHICH CAME INTO BEING AS AN EXISTING LAW, AND PUNITIVE “LY SANCTIONED NONE SOMPLIANCE, WITHOUT OFFEND~ ING: THE DUE PROCESS CLAUSE OF THE 14TH AM=NDMENT AND THE EX POST FACTO 7..CLAUSES OF THE UNITED STATES CONSTITUTION-ART 1,SECTION 10. ! | | (i)

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-29
Waiver of right of respondent Superintendent Houser to respond filed.
2021-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2021)

Attorneys

David Simmons
David Simmons — Petitioner
David Simmons — Petitioner
Superintendent Houser
Patti ShakeAlaska Attorney General's Office, Respondent
Patti ShakeAlaska Attorney General's Office, Respondent