Summary
The Wyoming Supreme Court affirmed the denial of Abdullah Kru Amin's motion challenging his sentences under Wyoming Rule of Criminal Procedure 35(a), as well as his requests to proceed in forma pauperis and for appointed counsel. The court held that his claims were barred by res judicata, declined to appoint counsel, recognized that he had exhausted his state remedies, and restricted further filings concerning the convictions absent prior authorization.
Topics
Practice areas
Questions Presented
- Whether Amin was serving an illegal sentence.
- Whether his sentences violated the Double Jeopardy Clauses of the United States and Wyoming Constitutions.
- Whether the habitual criminal statute was unconstitutional.
- Whether Amin was denied due process of law.
- Whether his sentences constituted cruel and unusual punishment.
- Whether Amin was entitled to appointment of counsel for the appeal.
Holdings
- Amin's claims challenging the convictions and sentences were barred by res judicata because those convictions and sentences had already been affirmed.
- Amin was not entitled to appointed counsel because he provided no cogent argument or pertinent authority supporting appointment of counsel.
- Amin had exhausted his state remedies concerning the convictions, and the district court and Supreme Court could require prior judicial consent before accepting further filings concerning those matters.
Key quotations
“What Amin seeks to do in these proceedings is to generally challenge his convictions and sentences that were affirmed in Amin, 811 P.2d 255. We conclude that the claims raised in the present appeal are barred by the doctrine of res judicata.” (¶ 5)
“The order of the district court is affirmed in all respects.” (¶ 7)
Factual background
In 1990, Amin was convicted of kidnapping and aggravated assault arising from an attack on Wyoming State Penitentiary employees in which employees were held hostage. A jury also found him to be an habitual criminal. He received two concurrent life sentences for those offenses, consecutive to sentences imposed in earlier cases.
Procedural history
Amin was convicted in 1990 of kidnapping and aggravated assault and was found to be an habitual criminal. He received two concurrent life sentences consecutive to sentences in earlier cases, and the convictions and sentences were affirmed in prior proceedings. In 2005, he filed a Rule 35(a) illegal-sentence motion; the district court denied the motion and related requests, and the Wyoming Supreme Court affirmed, declining to appoint appellate counsel and restricting further filings concerning the convictions.