No. 18-5621

Bismark Kwaku Torkornoo v. Nina Helwig, et al.

Lower Court: Fourth Circuit
Docketed: 2018-08-16
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: civil-procedure civil-rights due-process equal-protection fourteenth-amendment fraud fraud-vitiates res-judicata
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2019-02-15 (distributed 3 times)
Question Presented (AI Summary)

Does fraud vitiate every judicial proceeding?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does fraud vitiates every judicial proceedings, if so, did the Fourth Circuit Court’s decision [at App. 1] affirming the district court’s reasons based on preclusion, deprives Petitioner of his due process and equal protection under the law—by sidelining his admissible evidence on file to invalidate his independent claim to render inadequate state court’s proceeding tainted with fraud which prevented the Petitioner from making his civil case in full, violates the Constitution? 2. Whether a litigant who had no benefit of a full and fair trial in the state courts, and his rights measured by laws made to affect him individually (to break his family and deprive him of his financial interests), not by general provisions of law applicable to all those in like condition, is deprived of his freedom, liberty, and property without due process of law. 3. Whether the Fourth Circuit Court’s affirming district court’s new reasons [App. 1] based on res judicata [App. 2] without relying on any documentary proof on file showing adequacy of state court’s proceedings prejudiced the petitioner in light of . admissible evidence on file in support of multiple independent claims against respondents’ fraud, collusion, and conflict of interests invalidating its previous Order at App. 3 Vacating the district court erroneous decision at App. 4, violate the Fourteenth Amendment. . 4. Whether a court can apply claim preclusion doctrine [res judicata] to undermine cases where proof of fraud is admissible to deprive a person of his freedom, liberty, or property without relying any documentary proof to show adequacy of prior state court’s proceedings, violates the Constitution. 2 of 41

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2018-12-28
2018-12-03
Petition DENIED.
2018-11-26
Third supplemental brief of petitioner Bismark Kwaku Torkornoo filed. (Distributed)(11/29/2018)
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Petitioner complied with order of October 15, 2018.
2018-10-15
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 5, 2018, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2018-10-11
Second supplemental brief of petitioner Bismark Kwaku Torkornoo filed. (Distributed)
2018-10-02
Supplemental affidavit in support of motion to proceed in forma pauperis of petitioner Bismark Kwaku Torkornoo filed. (Distributed)
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Bismark Kwaku Torkornoo
Bismark Kwaku Torkornoo — Petitioner