No. 21-5710

Charles L. Fieldgrove v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al.

Lower Court: Nebraska
Docketed: 2021-09-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law constitutional-rights criminal-procedure due-process equal-protection habeas-corpus sentencing statutory-interpretation
Key Terms:
SocialSecurity Securities
Latest Conference: 2021-10-29
Question Presented (AI Summary)

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 Presented (OCR Extract)

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?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-10-05
Waiver of right of respondent Frakes, Dir., NE DOC, et al. to respond filed.
2021-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2021)

Attorneys

Charles L. Fieldgrove
Charles L. Fieldgrove — Petitioner
Frakes, Dir., NE DOC, et al.
James A. CampbellNebraska Attorney General's Office, Respondent