No. 23-6590

Johnny Eugene Holton v. Georgia

Lower Court: Georgia
Docketed: 2024-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection fourteenth-amendment jurisdiction mandatory-minimum res-judicata sentencing statutory-interpretation void-sentence
Key Terms:
DueProcess
Latest Conference: 2024-02-23
Question Presented (AI Summary)

Did the Georgia Court of Appeals err in vacating the petitioner's void sentence and barring him by res judicata from attacking the void sentence in any court

Question Presented (OCR Extract)

No question identified. : 4 | _l)_Was_Pettoner Deprived_of His Due Process Clause —__ of His Fourteeth Amendment fights and Foual Protection_of the /atw_jnMiolationof His Rights Provided by His Lbated States Constitctin and he Clearly Established Georgia bow Holding In ton V, Stote 300 Ge.312 cAI SA 7945S E2d.6)3) 2ole tate, 306 Ga 507 ¥3A SER 4Q6) 201% and cotty. State 356 Ga App |S2ot+Ib3 23 ( 346 SEAd 242026 _)_Did the Georgia Court of thot _ The Appeal Court was without Tuesdicten te vacate co Noid seatence, And Pethonerwas_basred by Res=Tudseate then puto judgment that ovoid sentence _maghe athcked anytime tnany court, Where the sentence yn_Count4 13 void in Violation _of_0.C.GA 12-10-l 2b) andatory Minimum teom_of Syeors Shall be sncluded. Followed by Probation. 3) Did The Court of Appeals Ecrorously toterpret the leg 2b) and ©.cGA lh~b-Yeos(ib\in AOIY ee) id The. Georgia Courts _have the power to_add.atwond&)___ rine 6) toa Clearly Stotutory law set by the bea sslotors_without violated Act L, Secl, Paro TE F the Georgia Coostrhition, Total Sepenston.of Ravers A L 4

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2024-02-01
Waiver of right of respondent Georgia to respond filed.
2023-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2024)

Attorneys

Georgia
Stephen John PetranyGeorgia Department of Law, Respondent
Stephen John PetranyGeorgia Department of Law, Respondent
Johnny Eugene Holton
Johnny Eugene Holton — Petitioner
Johnny Eugene Holton — Petitioner