No. 23-6281

Laquince T. Hogan v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Arkansas
Docketed: 2023-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus oral-amendment sixth-amendment uncharged-offense
Key Terms:
ERISA DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments, in acknowledging that Mr. Hogan’s claim that he was convicted of an uncharged offense was cognizable in state habeas proceedings and should be addressed on the merits; but then holding that his arguments that the prosecution’s oral amendment to the information in his case was insufficient as a matter of law to constitute the amendment advocated for by the state claim were “waived” even though the Court resorted to its own factual analysis based on the oral record in denying the “uncharged offense” claim. ii

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-10
Waiver of right of respondent Dexter Payne, Director Arkansas Dept. Corr. to respond filed.
2023-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2024)

Attorneys

Dexter Payne, Director Arkansas Dept. Corr.
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Laquince Hogan
Jeremy B. LowreyJeremy B Lowrey, Attorney at Law, Petitioner