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Herman Tracy Clark v. Jerold Braggs, Warden

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-6105 · judgment October 30, 2019


Certiorari denied · November 9, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the word “shall” binds the Oklahoma Pardon and Parole Board decision that must be pursued in the ordinary mode prescribed by law, to be adapted to the end to be attained in respect to the justice of the Governor who has the sole power to grant commutation subject to the regulations prescribed by law to protect Petitioner’s liberty interest under the Due Process Clause of the Fourteenth Amendment? Whether impartiality binds the Pardon and Parole Board is-to preserve the impartiality of the state and preserve the appearance of the impartiality of the state in respect to the Petitioner’s interest in the reason for the Pardon and Parole Board’s decision? And, do a 28 U.S.C. § 2254 AEDPA restriction also bar grieving the Government for redress of the Pardon and Parole Board’s commutation and parole consideration procedure challenging the duration of his physical imprisonment by way of a 28 U.S.C. § 2241, relief seeking a determination that entitles immediate release or a speedier release with a definite sentence?

Counsel of record

For petitioner
Herman T. Clark

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 09 2020
    Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
  2. Oct 21 2020
    DISTRIBUTED for Conference of 11/6/2020.
  3. Feb 26 2020
    Petition for a writ of certiorari filed. (Response due October 5, 2020)