Gonzalez v. Gage

After a jury trial, Defendant was found guilty of first degree sexual assault and sentenced to imprisonment for thirty to thirty-two years. Defendant filed a pro se petition for a writ of habeas corpus alleging that because he was a foreign national, he had a right to contact the Mexican consulate for advice and assistance with his criminal prosecution and because he was not informed of his rights under the Vienna Convention on Consular Relations, the district court lost its jurisdiction to proceed to judgment and lacked the legal authority to impose the sentence. The district court denied Defendant’s motion to proceed in forma pauperis on the ground that Defendant’s action was frivolous. The Supreme Court affirmed, holding that the district court did not err when it determined that Defendant’s habeas corpus action was frivolous and therefore denied his request to proceed in forma pauperis. View "Gonzalez v. Gage" on Justia Law