No. 24-5676

Henry Altamirano v. Nethanjah Breitenbach, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2024-10-01
Status: Denied
Type: IFP
IFP
Tags: antiterrorism-act due-process fourteenth-amendment habeas-corpus limitation-period subject-matter-jurisdiction
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Did the Petitioner have the right to have his subject matter jurisdiction claim heard on its merits despite filing a federal habeas petition after the one-year limitation period under the Antiterrorism and Effective Death Penalty Act?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , 1. Did the Petitioner have the right to have his subject matter jurisdiction claim heard on its merits even though he filed his i federal habeas petition pursuant to 28 U.S.C. § 2254 after the . one-year limitation period per the Antiterrorism and Effective Death Penalty Act? 2. Was the Petitioner denied his Fourteenth Amendment right to due process of law, where the state criminal court lacked jurisdiction to prosecute state crimes; for purposes of Nevada Revised Statutes 171.010 and Senate Bill No. 2,§1 and 3? ' 3. Should the state's lack of jurisdiction to prosecute state crimes which had affected tens of thousands of U:S. citizens across many ° decades been heard by a federal court despite the potential consequences of correcting this legal wrong? il a > :

Docket Entries

2024-12-09
Petition DENIED.
2024-11-14
DISTRIBUTED for Conference of 12/6/2024.
2024-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2024)

Attorneys

Henry Altamirano
Henry Altamirano — Petitioner
Henry Altamirano — Petitioner