No. 23-5312

In Re Brian D. Smith

Lower Court: N/A
Docketed: 2023-08-09
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal
Key Terms:
SocialSecurity DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is Smith's plea of guilty invalid?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is Smith's plea of guilty invalid because he was not informed of the true nature of his crime and was misled and misinformed by his court-appointed public defenders Katie Green and Ed Sheehy about available affirmative defenses and the right to appeal? 2. Is Smith's plea of guilty invalid because the state district court judge should have recused after accusing Smith of the same accusations he wanted to go to trial on right before his sentencing? 3. Was Smith denied effective trial counsel and effective appellate counsel in violation of U.S. Const. Amendments VI and XIV? 4. Was Smith unconstitutionally denied state and federal review of reversible errors due to that cannot be fairly attributed to Smith and should have be imputed to State? 5 28 U.S.C. §§ 2403(a) and 2403(b) may apply to the questions below: 5. Has Smith been denied access to the courts in violation of the U.S. Constitution Amendments I,V,XIV due to an unconstitutional state _ Statute, Montana Code Annotated (MCA) § 46-22-101(2)? 6. Has Smith been denied access to the courts in violation of the U.S. Constitution Amendments I,V,XIV due to an unconstitutional Act of Congress? (The Anti-Terrorism and Effective Death Penalty Act of 1996) 7. Arethe Anti-Terrorism and Effective Death Penalty Act amendments to habeas corpus review/relief prohibited by the First Amendment? 8. Does the AEDPA of 1996 unconstitutionally alter the U.S. Constitution and unconstitutionally overrule U.S. Supreme Court precedent case-law that have created Constitutional Law? Smith § 2254 i

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-06-16

Attorneys

Brian D. Smith
Brian D. Smith — Petitioner
Brian D. Smith — Petitioner