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David Simmons v. Earl Houser, Superintendent, Goose Creek Correctional Center

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 20-35605 · judgment January 15, 2021


Certiorari denied · October 4, 2021

Question presented

WHETHER THE DISTRICT COURT ERRED IN FAILING TO GIVE DEFERENCE TO THE STATE SUPREME,COURT'S DETERMINATION THAT PETITIONER'S ADMINISTRATIVE REMEDIES HAD BEEN EXHAUSTED. WHETHER THE DISTRICT;COURT ERRED IN REFUSING TO CONSIDER PETITIONER'S CONSTITUTIONAL CLAIM VIOLATIONS: THAT THE STATE SUPREME COURT'S RE­ TROACTIVE CONSTRUCTION OF THE 2003 AMENDMENT,TO THE ALASKA DNA I.D. REGISTRATION ACT,AS; APPLIED,. TO PETITIONER, WHOSE CONVICTION PRE-DATED THE OPERATION OF THE DIRECTIVES OF THE STATUTE WHICH CAME INTO 3EING AS AN EXISTING LAW, AND PUNITIVE -LY SANCTIONED NONE COMPLIANCE, WITHOUT OFFEND­ ING r THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT AND THE EX POST FACTO C..CLAUSES OF THE UNITED STATES CONSTITUTION-ART l,SECT£ON 10.

Counsel of record

For petitioner
David Simmons

For respondent
Patti Shake
Alaska Attorney General's Office

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 05 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 29 2021
    Waiver of right of respondent Superintendent Houser to respond filed.
  4. Jun 02 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2021)