Charles L. Fieldgrove v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al.
SocialSecurity Securities
Whether a criminal defendant's initial habeas corpus action to determine the validity of the statutes under which they were convicted and sentenced is subject to an apprehensible burden on their due process and equal protection rights
QUESTION(S) PRESENTED 1. A Criminal Defendant's initial Habeas Corpus action, filed for the purpose determining the validty of the statutes convicted and sentence under, as being void, is.a court's finding voidable, an apprehensible burden:‘on defendant's due process and equal. protection rights afforded to him pursuant to Ne. Const. Art. 1, Sec. 3., and the U.S. Const. Amend. 14, Sec. 1.? 2. Is a court prohibited from requiring a Criminal Defendant to file multiple action's merely because a court refuses in it's discretion finding a matter voidable, rather than determining the validity of the statutes constitutionality?