No. 21-5946

Corelanius Phillips v. Andrea Culclager, Warden

Lower Court: Arkansas
Docketed: 2021-10-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process ineffective-assistance-of-counsel separation-of-powers sixth-amendment structural-defect subject-matter-jurisdiction
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether criminal defendants denied Due Process of Law entitle them to remedy

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether criminal defendants denied Due Process of Law entitle them to remedy where ad The trial court empanelled an illegally constituted jury in violation of the Sixth Amendment where (a) the denial constitutes a Structural Defect and (b) Implicates the trial court’s SubjectMatter Jurisdiction, so as to render the judgment void ab initio and subject to collateral attack; and (2) Petitioner was provided with ineffective assistance of counsel where (a) Counsel failed to advise him of inviolate right to be tried before a twelve-person jury and (b) Appellant counsel failed to present known meritorious issue that required automatic reversal of conviction and sentence to the Supreme Court of Arkansas and (3) The Supreme Court of Arkansas’ modification of its Rules for Waiver of Trial by Jury is violative of the United States and Arkansas Constitution(s) where (a) It violates the Separation of Powers and (b) It exceeds the Court’s Authority conferred under the Arkansas Constitution. 1

Docket Entries

2021-12-06
Petition DENIED.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-12
Waiver of right of respondent Andrea Warden, Culpepper to respond filed.
2021-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2021)

Attorneys

Andrea Warden, Culpepper
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Corelanius Phillips
Corelanius Toriano Phillips — Petitioner
Corelanius Toriano Phillips — Petitioner