No. 21-7539

John P. Higley v. Oklahoma

Lower Court: Oklahoma
Docketed: 2022-04-05
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment appeal-out-of-time case-law constitutional-rights criminal-procedure direct-appeal due-process evidentiary-hearing findings-of-fact ineffective-assistance
Key Terms:
HabeasCorpus
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to Due Process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to Due Process by: a) Affirming the District Court's decision denying Mr. Higley's Application for Appeal Out of Time without holding an evidentiary hearing to afford Mr. Higley the opportunity to present evidence that he was denied the opportunity for a Direct Appeal through no fault of his own? b) Concurring with the District Court's opinion in which the Court did not present any finding of facts or case law to refute Mr. Higley's allegations that he was denied a Direct Appeal through no fault of his own? 2) Did the Oklahoma Court of Criminal Appeals violate Mr. Higley’s 6" Amendment right to Counsel by: a) Affirming the District Court's decision denying Mr. Higley's Application for Appeal Out of Time without addressing the merits to Mr. Higley’s claim to ineffective assistance of counsel? | -ii| |

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2021-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)

Attorneys

John P. Higley
John Phillip Higley — Petitioner