DueProcess HabeasCorpus
Does an unconstitutional state sentence qualify as an 'exceptional circumstance' warranting Supreme Court habeas corpus relief when state post-conviction rules foreclose relief?
is: ■ I. Does Petitioner ’s unlawful restraint based upon an unconstitutional sentence qualify as an “exceptional circumstance ” to warrant the exercise of the Supreme Court ’s discretionary powers to grant habeas corpus relief? After Petitioner ’s first habeas corpus proceeding, he discovered new facts which showed.he is in custody in violation of the Constitution. Petitioner ’s new facts satisfied Supreme Court precedent and his petition required no authorization to overcome 28 U.S.C. § 2244(b) requirements. The question presented is: II. Where the lower federal courts failed to uphold Supreme Court precedent in determinin g whether Petitioner was required to get authorization to file a “second ” or “successive ” application; should the Supreme Court transfer his case to the district court pursuant to 28 U.S.C. § 2241(b) for a hearing and proper determination for habeas corpus relief? III. Did Congress foreclose a person from challenging a State sentence as unconstitutional under the “gateway screening ” standards in 28 U.S.C. § 2244(b)?