No. 21-5790

Patricia Ann Brown v. Burl Cain, Commissioner, Mississippi Department of Corrections, et al.

Lower Court: Fifth Circuit
Docketed: 2021-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge crime-of-violence criminal-statute due-process felony-definition life-imprisonment sentencing-enhancement state-statute vagueness vagueness-doctrine
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Is a state statute, providing for an enhanced punishment (life imprisonment) for one convicted of a 'crime of violence,' unconstitutionally vague, when the statute provides no definition of the operative term 'crime of violence'?

Question Presented (OCR Extract)

QUESTION PRESENTED A Mississippi statute requires a life sentence for one who has been convicted of three (3) felonies, one of whichis a “crime of violence.” This sentencing enhancement statute does not define the term “crime of violence.” The question presented is: Is a state statute, providing for an enhanced punishment (life imprisonment) for one convicted of a “crime of violence,” unconstitutionally vague, when the statute provides no definition of the operative term “crime of violence”? 4 00359730. WED | ,

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-09-28
Waiver of right of respondent Commission of the Mississippi Department of Corrections, et al. to respond filed.
2021-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2021)

Attorneys

Commission of the Mississippi Department of Corrections, et al.
Jerrolyn Martin OwensMississippi Attorney General's, Respondent
Patricia Ann Brown
Jim Waide IIIWaide & Associates, P.A., Petitioner