Schaffer
Schaffer v. Clay
Opinion
Trial Court Opinion
I. Discussion
custody pursuant to the judgment of a state court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). A district court shall “award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. A. Release request Mr. Schaffer asks for the criminal case against him to be dismissed, and for his release, because he believes (1) his commitment became unlawful after he was found incompetent to stand trial, (2) the incompetency finding was incorrect, and (3) his arrest followed entrapment, swatting, illegal surveillance, stalking by an unidentified person, and “electronic warfare.” Pet. at 5. The Petition reveals that Mr. Schaffer’s criminal trial is ongoing. See id. at 2 (showing Mr. Schaffer has not yet had a criminal trial), 7 (asking this Court to dismiss the ongoing criminal case in state superior court). In an…