No. 21-7855

James Wells Horsey v. Oklahoma

Lower Court: Oklahoma
Docketed: 2022-05-13
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: blockburger-test constitutional-rights due-process eighth-amendment fifth-amendment first-amendment juvenile-pornography same-evidence-test sixth-amendment
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (AI Summary)

Can possession of juvenile pornography be considered child or adult pornography?

Question Presented (OCR Extract)

No question identified. : QUESTION . 1. Under the Blockburger Test and same evidence test, can possession of juvenile pornography be considered child pornography or adult pornography since there is no separate state or federal statute for juvenile pornography in violation of the First and Eighth Amendments of the US Constitution? 2. Can courts deviate from the language of a statute by replacing wording provided specifically by their State Legislature to secure a conviction without informing the jury what the actual charge and incarcerating defendant a violation of the Due Process Clause of the Fifth Amendment of the U.S. Constitution? 3. Does a global pandemic interferes with an appellants’ attorney ability to fully and properly review the original record by using the full amount of time available amounts to ineffective assistance of counsel under the Sixth and Fourth Amendment? 4, Whether or not both incarcerated retired military personnel and veterans are being denied special protections during sentencing under Title 10 of the Federal Code and the American Disability Acts in violation of Fifth and Eighth Amendment of the U.S Constitution?

Docket Entries

2022-12-05
Rehearing DENIED.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-10-18
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2022)

Attorneys

James Wells Horsey
James Wells Horsey — Petitioner