No. 23-7171

Darryl Puderer v. Louisiana

Lower Court: Louisiana
Docketed: 2024-04-10
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fifth-amendment fourteenth-amendment jurisdictional-claims out-of-time-appeal pleadings standing
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted

Question Presented (from Petition)

ESTIONS PRESENTED PURSUANT TO RULE 14.1(a 1. Did the Louisiana Supreme Court err where it vacated Petitioner’s Appeal where the parties and District Court had consented to the appeal and previously granted Petitioner an Out-of-Time Appeal? 2. Did the Louisiana Supreme Court err where Petitioner was denied his fundamental right to equal protection and to the Due Process right to an Appeal of the jurisdictional errors that occurred in his case in violation of his Fifth and Fourteenth Amendments to the United States Constitution where the Court denied further review on the merits and vacated Petitioner’s Appeal? 3. Should Garza v. Idaho be held retroactive on collateral review?; if not, should Petitioner have previously been granted relief of an Out-of-Time Appeal where he raised Roe v. Flores-Ortega in a prior application for Post Conviction Relief and where the Louisiana Supreme Court and Fourth Circuit Court of Appeals ruled that Garza was not retroactive on collateral review in the instant case? 4. Did the Louisiana Supreme Court err by not reviewing the merits of Petitioner’s jurisdictional claims and by vacating his Out-of-Time Appeal? 5. Did the Louisiana State Trial Court lack jurisdiction to charge and try petitioner where the state did not show that any act or element of the alleged 2008 crime of forcible rape occurred in the Parish of Orleans? 6. Did the Louisiana State Trial Court lack jurisdiction to charge and try petitioner for the alleged 2002 charge of Second-Degree Kidnapping where the state failed to initiate prosecution timely within the statutorily allotted 6-year statute of limitations? .7.. Did the Louisiana Courts err where Petitioner was denied his fundamental Due Process rights to “Notice and Fair Waring” when he was not properly advised of the state’s sex offender registration and notification requirements as statutorily required in violation of his Fifth and Fourteenth Amendments? 8. Was Petitioner’s guilty pléa knowingly and intelligeritly entered where he unknowingly entered a guilty plea to a time barred charge? ii.

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2024)
2024-02-12
Application (23A743) granted by Justice Alito extending the time to file until March 7, 2024.
2024-01-30
Application (23A743) to extend the time to file a petition for a writ of certiorari from February 6, 2024 to March 7, 2024, submitted to Justice Alito.

Attorneys

Darrryl Puderer
Darryl Puderer — Petitioner
Darryl Puderer — Petitioner