No. 22-6229

In Re Steven B. Turner

Lower Court: N/A
Docketed: 2022-12-06
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation due-process federal-claim federal-jurisdiction federal-statute habeas-corpus remedy remedy-unavailable state-prisoner supreme-court-holding
Key Terms:
HabeasCorpus Securities
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether application of 28 U.S.C. 2244(b)(1) and (2) violates U.S. Const. Art. I, Sec. 9, cl. 2

Question Presented (from Petition)

QUESTIONS PRESENTED (1) Whether application of 28 U.S.C. 2244(b)(1) and (2) in this case violates U.S. Const. Art. I, Sec. 9, cl. 2, where thé adjudication of a federal claim for relief in a first habeas petition by a state prisoner is contrary to a subsequent holding by this Court; the error remains uncorrected; and there is no other remedy available? (2) Whether transfer to the district court for hearing and determination is warranted in the exceptional circumstances where a subsequent holding by this Court affects the previous adjudication of a federal claim by a staté court, and subsequently by a federal district court in a first habeas petition pursuant to 28 U.S.C. 2254; the erronéous adjudication remains ufcorrected; the petitioner is serving a life sentence without parole or probation as opposed to twenty-five years absent the error; and there is no other remedy available? ii .

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-11-30

Attorneys

Steven B. Turner
Steven B. Turner — Petitioner
Steven B. Turner — Petitioner