No. 21-7884

Juan Carlos Rodriguez-Garcia v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al.

Lower Court: North Carolina
Docketed: 2022-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights criminal-procedure due-process habeas-corpus judicial-review jurisdiction standing state-court state-jurisdiction
Latest Conference: 2022-06-23
Question Presented (from Petition)

1. Is it lawful for the State of North Carolina to hold the herein Petitioner under unconstitutional confinement under the Court's unexplained refusal to uphold its authority under Statutes, Orders, Provisions, and Opinions? And previously relevant Called States Supreme Court decisions ruled as Constitutional Protected Provision 6 J Requirements?

2. Is it constitutionally lawful for the State of North Carolina to continue to hold Petitioner Order Schedules, orders, Provisions, opinions, and decisions that the State Supreme Court of North Carolina has previously ruled unconstitutional on their face?

3. Did the North Carolina State Court assert jurisdiction to try, convict, and punish Petitioner without facially valid criminal pleadings under unlawful imprisonment in violation of the Fourteenth Due Process Protections?

Question Presented (AI Summary)

Whether the State of North Carolina's continued confinement of the Petitioner is unconstitutional under the Court's prior rulings

Docket Entries

2022-06-27
Petition DENIED.
2022-06-08
DISTRIBUTED for Conference of 6/23/2022.
2022-06-06
Waiver of right of respondent Eddie M. Buffaloe, Jr., et al. to respond filed.
2022-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2022)

Attorneys

Eddie M. Buffaloe, Jr., et al.
Mary Carla BabbNorth Carolina Department of Justice, Respondent
Juan Carlos Rodriguez-Garcia
Juan Carlos Rodriguez-Garcia — Petitioner