Laquince T. Hogan v. Dexter Payne, Director, Arkansas Division of Correction
ERISA DueProcess HabeasCorpus CriminalProcedure
Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments
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