DueProcess FourthAmendment HabeasCorpus
When a petitioner's imprisonment is unconstitutional
QUESTIONS PRESENTED . WHEN A PETITIONER'S IMPRISONMENT AS CONCEDED IS UNCONSTITUTIONAL ; WHEN A PETITIONER IS BEING HELD AND PUNISHED WITHOUT DUE PROCESS OF LAW INFRINGING ON LIBERTY INTEREST IN DIRECT VIOLATION OF THE 14TH AMENDMENT TO THE U.S. CONSTITUTION IS HABEAS CORPUS RELIEF WARRANTED UNDER 28 U.S.C. § 2241(a)(c)(3) WHEN 28 U.S.C. § 2254 RELIEF IS EXHAUSTED AND NO OTHER RELIEF BEING AVAILABLE. HAS PETITIONER PRESENTED EXCEPTIONAL CIRCUMSTANCES WARRANTING THE GRANT OF HABEAS CORPUS RELIEF. EVEN IF THERE WERE OTHER FORMS AND COURTS IN ORDER TO SEEK RELIEF SHOULD PETITIONER HAVE TO UTILIZE SUCH WHEN SUCH ATTEMPTS WOULD BE FUTILE IN LIGHT OF THE N.Y. STATE COURT RULINGS THEREBY : PROLONGING PETITIONER'S UNCONSTITUTIONAL IMPRISONMENT WHICH CAN BE IMMEDIATELY REMEDIED BY THIS COURT. .