No. 22-6674

Antonio Collins v. Shelby Searls, Superintendent, Huttonsville Correctional Center

Lower Court: Fourth Circuit
Docketed: 2023-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appeal-process civil-rights constitutional-rights due-process habeas-corpus judicial-review petition-denial standing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Can a lower court's denial of a petition be further reviewed by a higher court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can a determining judgment be ruled upon when a lower court’s judge has to “read” a petition, “before ruling” a denial; for the petition to be further reviewed by a higher court to challenge the ruling judge’s process of denying the petition? 2. When there is case law to verify the presented issues arguing, why does the case have to go on four years while still violating the Petitioners constitutional due process rights? 3. When the issues raising doesn’t concerns the Petitioners actual innocence or guilt why is the prosecuting team permitted to present circumstantial statements trying to overshadow the violated issues raising? 4. Due to the delay in answering the habeas corpus with a constitutional comparison of what’s right and what’s wrong, does a direct decision to overturn a violated constitutional right eliminate the courts from further violating the Petitioners due process rights among other rights when taking Petitioner through the lengthy appeal process? 5. Can an automatic release to my detainer be incorporated with the order when finalizing my issues at hand due to the amount of excess time I’ve had to do and to also do without having to be judged again by the parole boards seemingly overriding judgment reigning supreme? . , 6. Was the West Virginia Supreme Court of Appeals in the wrong for denying Petitioners appeal when the evidence supporting the facts within show that Petitioners rights have been violated?

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-15
Waiver of right of respondent Searls, Supt., Huttonsville to respond filed.
2023-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2023)

Attorneys

Antonio Collins
Antonio Collins — Petitioner
Antonio Collins — Petitioner
Searls, Supt., Huttonsville
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent