Thacker v. Singletary

ORDER

FERGUSON, District Judge.

THIS CAUSE is before the Court on the petitioner’s Writ of Habeas Corpus [D.E.I],

Issues

The substantive question presented is whether this federal district court, on a petition for habeas corpus to set aside an unlawful sentence based on a prior illegal conviction used to enhance a sentence, should honor a decision of the state’s highest court which subsequently declared the activities of local police officers which led to the petitioner’s convictions a violation of state constitutional rights. A threshold procedural question is whether the collateral attack is…