No. 23-6694

Michael T. Braxton v. Warden, Anderson County Detention Center

Lower Court: Fourth Circuit
Docketed: 2024-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process probable-cause state-corrective-process state-court-abuse subject-matter-jurisdiction younger-abstention
Key Terms:
DueProcess
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Did the State of South Carolina deny the Petitioner a Substantial Constitutional right to a 'Constitutionally Adequate' probable-cause determination?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Did the State of South Carolina deny the Petitioner a Substantial Constitutional right to a “Constitutionally Adequate” ,[ PROBABLE CAUSE] determination ? 2. Does REPETITIVE “State Court Abuse” make the Exceptions under the Younger Abstention doctrine applicable to the Petitioner ? 3. Is the Petitioner positioned under a “State Corrective Process” that’s Inapplicable to him ? 4. Was the Petitioner’s Due Process MOOTED Before and After a trial being conducted in the absence of a “Constitutionally Adequate” [PROBABLE CAUSE] determination. 5. Did the State Court’s of South Carolina lack jurisdiction over Subject Matter of the petition, due to the violation of the MANDATORY Statutory requisite time period AFTER the [ PROBABLE CAUSE] determination. 6. Is the State of South Carolina violating the Petitioner’s Civil Rights by detaining him in violation of the Laws and Treaties of the United States. (2253) (c)(2)

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-23
Waiver of right of respondent Warden to respond filed.
2024-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2024)

Attorneys

Michael T. Braxton
Michael T. Braxton — Petitioner
Warden
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent