No. 21-5915

Thomas D. Holmes v. Randy Gibbs, Warden

Lower Court: Eighth Circuit
Docketed: 2021-10-06
Status: Denied
Type: IFP
IFP
Tags: appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-statute defendant-rights due-process habeas-corpus judicial-procedure oral-verdict precedent sentencing
Key Terms:
DueProcess FifthAmendment HabeasCorpus Punishment
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether a Certificate of Appealability should have issued

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a Certificate of Appealability should have issued on the question of whether a Defendant can be imprisoned pursuant to an orally pronounced verdict asserting a violation of a criminal statute that does not exist, judgment is affirmed on appeal, the state fails to take timely corrective action, and does so outside the personal presence of the Defendant.

Docket Entries

2021-12-06
Petition DENIED.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2021)

Attorneys

Thomas Holmes
Bruce H. StoltzeStoltze & Stoltze, PLC, Petitioner
Bruce H. StoltzeStoltze & Stoltze, PLC, Petitioner