No. 21-7514

Sidney J. Clark, Jr. v. Kansas

Lower Court: Kansas
Docketed: 2022-03-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation criminal-procedure due-process equal-protection evidence-withholding full-faith-and-credit habeas-corpus sentencing
Key Terms:
Securities
Latest Conference: 2022-05-19
Question Presented (AI Summary)

Whether the sentencing of S.J.C.Jr. to the H.C.A. pursuant to K.S.A. 21-4504 without legal proof of a prior judicial court proceeding in Texas violates the U.S. Constitution and Kansas Constitution

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) THE SENTENCING OF S.J.C.JR., TO THE H.C.A. PURSUANT TO K.S.A. 21-4504 , WITHOUT ANY LEGAL PROOF OF THE ONE PRIOR JUDICIAL COURT PROCEEDING OF THE STATE OF TEXAS ,BE A VIOLATION OF U.S.CONST. ART. 4,SEC. 1; KAN. CONST. B. OF R. ,SEC. 10 ; (2) THE SENTENCING OF S.J.C.JR., TO 45 YEAR'S TO LIFE , PURSUANT TO K.S.A. 21-4504 AS A SECOND TIME OFFENDER, VIOLATED, THE KANSAS SUPREME COURT RULING'S ,AS' IMPLIED IN LAW ',AS THE STATE STATUTE'S AND CASE LAW'S AUTHORIZE'S, WHICH VIOLATE'S ,U.S.CONST. ART. 4, SEC. 1; U.S.CONST. ART. AMEND. 14; KAN. CONST. B.OF R. SEC. 10 ; . (3)THE WITH HOLDING OF FORENSIC EVIDENCE TO GET AN ORDER ; TO ORDER THE SECOND RAPE CHARGES IN THE STATE'S INDICTMENT FOR 'T.N. ' ,VIOLATED K.S.A.60-455, K.S.A.22-3101, K.S.A. 22-2301, U.S.CONST. ART. 4 ,SEC.1 ; KAN. CONST. B.OF R. SEC.10 ; (4) THE WITH HOLDING OF THE TESTING RESULT'S OF THE BLOOD AND OTHER BODY FLUIDS OF . "T.N.' FROM THE JURY, WHICH IDENIFIY HER AS BEENING SEXUALLY TRANSMITTING DISEASE'S ,IN HER : TESTING'S PRIOR TO HER FILING THIS RAPE CHARGE AGANIST , S.J.C.JR., VIOLATED K.S.A.60-455, K.S.A. 22-3101, K.S.A.22-2301, U.S.CONST. ART. 4, SEC. 1; KAN.CONST. B.OF R. SEC. 10 ; (5)THE ' DNA' TESTING ORDERED BY THE WYAN. CO. DIST. CT. OF KAN., CHIEF JUDGE IN 2019 , , OF ALL THE EVIDENCE SAMPLE'S USED IN THE CRIMINAL TRIAL, ONLY SHOW'S ONE OF THE THREE DID IDENIFITY ' S.J.C.JR.', AND THAT RAPE KITE WAS FROM TEXAS . THEREFORE , AS A MATTER OF SUBSTANTIVE CRIMINAL LAW'S OF THIS STATE OF KANSAS, THE STATE BE UNABLE TO SHOW THE CORPUS DELICTI OF THE CRIME OF THE INDICTMENT ; THEREFORE , AS SETFORTH IN THE JUDGMENT OF THE JURY, AS THE COURTS FINDING OF FACTS AND CONCLUSIONS OF LAWS ; AS SETFORTH IN SAID JUDGMENT FORM, AS SAID JOURNAL ENTRY OF JUDGMENT IN THIS CASE AT' BAR ' ,BE A VIOLATION OF U. S. CONST. ART. AMEND. 8 ,U. S. CONST. ART. AMEND. 13, U.S.CONST. ART. AMEND.14, KAN. CONST. B. OF R. SEC. 8, KAN. CONST. B.OF R. SEC. 10 , KAN CONST. B. OF R. 9, K.S.A. 21-2512 ,K.S.A. : 60-455 ; (6) IN 2019 S.J.C.JR., FILED A STATUTORY WRIT, K.S.A.22-3504, WHICH AT THIS POINT BE BEFORE THE WYAN. CO. DIST. CT. OF KAN. ,UNABLE TO PROCEED BECAUSE OF LACK OF SUBJECT MATTER JURISDICTION; AN A ORDER FROM THE KAN. SUP. CT. CHIEF JUSTICE ,ORDERING SAID CHIEF JUDGE TO ACT ON THE ISSUE'S SETFORTH IN SAID PLEADING ON THE CASE RECORD'S, PURSUANTTO THE LAW OF THE KAN. SUP. CT. RULE 183(j), ON ANY AND ALL ISSUE'S BEFORE SAID COURT RELEVANT TO THE ISSUE'S SETFORTH IN SAID PLEADING BEFORE THESE SAID COURT'S OF THE STATE OF KANSAS IN ANY AND ALL MATTER'S RELATED TO THE CASE, STATE OF KANSAS V. SIDNEY J. CLARK JR.; (7) S.J.C.JR., IS BEENING DENIED ACCESS TO THE COURT'S BECAUSE THE STATE OF KANSAS , DEP'T. OF CORR. ,EMPLOYEE'S DENIED FREE COPYS TO FILL MY K.S.A. 60-1507, ETC., TO THE COURTS IN . 2013, 2015, 2019 TO THE KANSAS SPREME COURT , TO THE UNITED STATES SUPREME COURT ; (8) S.J.C.JR., IS BEENING DENIED RELIGIOUS FOODS, BOOK, HEAD COVERING, FAMILY PHOTO'S , INFORMATIOM ABOUT FAMILY MEMBER'S DEATH'S , FANILY OITUARIES; (9) S.J.C.JR., IS DENIED PERSONAL PROPERTY EACH TIME STATE EMPLOYEE'S TAKE MY ; PROPERTY, | MUST SHOW A RECEIPT EACH TIME TO GET MY PROPERTY BACK ; (10) $.J.C.JR., HAS BEEN ATTACKED BY A STATE EMPLOYEE KICKING ME; (11) $.J.C.JR., AND OTHER PRISONER'S HAVE NO CLEAR WAY TO PROVE THEY HAVE FILED ANY FORM THAT PERTAINS TO THE PRISONER'S MOVE FOR EXHAUSTION OF AMDINISTRATIVE REMEDIES, BACAUSE WE DO NOT HAVE A COPY OF WHATS BEEN SUBMITTED TO ANY EMPLOYEEE'S; (12)S.J.C.JR., AND OTHER PRISONER'S ARE DENIED MAIL FROM FAMILY AND OTHER OUT SIDERS BECAUSE THE MAIL ROOM EMPLOYEES USE " KAR 4412601 (a(2(A))) 'CENSOR' MEANS TO REMOVE OR CHANGE ANY PART OR ALL OF THE CORRESPONDENCE OR LITERATURE (d) 'CENSORSHIP GROUNDS AND PROCEDURES ", to take incoming mail without notice to the PRISONER.

Docket Entries

2022-05-23
Petition DENIED.
2022-05-04
DISTRIBUTED for Conference of 5/19/2022.
2022-04-27
Waiver of right of respondent Kansas to respond filed.
2022-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2022)

Attorneys

Kansas
Brant M. LaueSolicitor General of Kansas, Respondent
Sidney J. Clark Jr.
Sidney J. Clark Jr. — Petitioner