No. 24-7505

Donald Evans v. Jasen Bohinski, Superintendent, State Correctional Institution at Dallas, et al.

Lower Court: Third Circuit
Docketed: 2025-06-26
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure double-jeopardy ex-post-facto sentencing-guidelines statutory-interpretation subject-matter-jurisdiction
Key Terms:
DueProcess FourthAmendment FifthAmendment CriminalProcedure HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether consecutive sentences for two alternative pleadings of the same aggravated assault statute violate double jeopardy principles, and whether the imposed sentence exceeds statutory maximums

Question Presented (OCR Extract)

11) IS PETITIONER ’S SENTENCE ILLEGAL, WHERE IT IMPOSED CONSECUTIVE SENTENCES FOR AGGRAVATED ASSAULT ATTEMPT TO CAUSE BODILY INJURY 18 PA.C.S.A. 2702(A)(1) AND AGGRAVATED ASSAULT BY PHYSICAL MENACE 2702(A)(6), WHERE BOTH OFFENSES AROSE OUT OF THE SAME CRIMINAL ACT AND ARE ALTERNATIVE PLEADINGS OF THE SAME STATUTE, WHICH CANNOT SERVE AS THE BASIS FOR SEPARATE PUNISHMENTS FOR A SINGLE OFFENSE. 26 12) IS PETITIONER ’S SENTENCE ILLEGAL, WHERE PETITIONER WAS SENTENCED TO SEVENTY EIGHT(78)MONTHS TO TWO HUNDRED FORTY(240) MONTHS FOR PWID OF WHICH EXCEEDS THE STATUTORY MAXIMUM OF ONE HUNDRED EIGHTY(180)MONTHS ?. 26 13) DID THE TRIAL COURT ERR VIA PROVIDING IMPROPER REASONABLE DOUBT () JURY INSTRUCTIONS TO THE JURY ?. ..27 14) DID THE COMMONWEALTH LACK SUBJECT-MATTER JURISDICTION TO PROSECUTE PETITIONER ?. . . . . .29 15) IS PETITIONER FACTUALLY AND ACTUALLY INNOCENT ?..33 16) DID THE COMMONWEALTH VIOLATE THE EX POST FACTO CLAUSE ?...35

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2025)

Attorneys

Donald Evans
Donald Aldrigo Evans — Petitioner