No. 18-5714

Jose A. Rivera-Quinones v. Pennsylvania

Lower Court: Third Circuit
Docketed: 2018-08-23
Status: Denied
Type: IFP
IFP
Tags: abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction
Key Terms:
HabeasCorpus Punishment Securities
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether a trial court can possess subject matter jurisdiction on a criminal offense not charged within the indictment/criminal information

Question Presented (OCR Extract)

QUESTION(S) PRESENTED TI. Under Our United States Constitution, Amendment VI., Can A Trial Court Pogséss Subject. Matter. Jurisdiction On A Criminal Offense Not Charged Within The : Indictment /Criminal Information? : II. Under Our United States Constitution, Amendment VI., Does An Accused In A : Criminal Prosecution Possess A Guaranteed Constitutional Right To Be Confronted With Each Criminal Offense(s) The Commonwealth Intents To Prosecute? _ III. Under Our United States Constitution, Amendment VI., Can The Commonwealth Of Pennsylvania Utilize Unrelated Evidence To Convict A Citizen Of The United States . And Deemed Such Conviction Constitutional? ; IV. If Your Appellant Was Not Charged Of Having Violated Any Of The State's Weapon. Act, And A Person (Jessica Soto) Has Been Of Possessing An Illegal Ak-47 Assault Rifle, And That Same Assault Rifle Was Not Utilized In The Criminal Offense For Which This Appeal It Is Being Filed, Did The Trial Court Had Subject Matter Jurisdiction To Rule In Favor Of The Commonwealth To Introduced An Unrelated, Highly Prejudicial Such As An Assault Rifle To The Sitting Jury To Obtain A Conviction And Deemed Such Conviction Constitutional? V. Under Our United States Constitution, Amendments VI. & XIV., Could A Judgment Order Reached Through And By The Use Of Abuse Of Process, Be Held Constitutional | When That. Process Has Been Properly Challenged, And The Record Support That The Assault Rifle Was Not An Element Of The Crime Accused Of, It Was NofrA:€ritie: {zr ; Charged Within The Pertinent Criminal Information Filed -By The Commonwealth Of Pennsylvania Against Your Appellant, But It Was Utilized To Convict A Citizen Of The United States? , > : VI. If The Pertinent Conviction Was The Result Of An Unconstitutional Process Under Our United States Constitution, Are Your Appellant Herein, Entitled To A New Trial? (4i) CONTINUANCE OF QUESTION(S) PRESENTED , VII. Under Our United States Constitution, Amendment VIII., Does Your Appellant Herein, Possess A Guaranteed Constitutional Protection From Cruel & Unusual Punishment? ; . VIII. Under Our United States Constitution, Amendment VIII., Can A Sentencing Court Impose Five-Aggravated Terms To Be Served Consecutive For A Criminal Conduct That Resulted In The Commission Of Two Seperate Criminal Acts? IX. Under Our United States Constitution, Amendments VI., VIII., & XIV., Can A Sentencing Court Utilized An Unconvicted Offense To Increased The Term Permissable By Law, And Deemed Such Judgment Order Constitutional? ; . X. Does The Pennsylvania's Unified Judicial System Possess A Duty To Uphold And Protect Our United States Constitution, And To Afford It's Residence Those Federal's Constitutional Requirements As Provided Within Our Fourteenth (XIV) Amendment? XI. Is The Commonwealth Of Pennsylvania Free From The Requirements Set Forth Within Our United States Constitution, Sclusively, Amendment IX.? : CONSIDERING THE ABOVE PRESENTED QUESTIONS, AND THE . : MULTIPLE CONSTITUTION VIOLATIONS, REMAND SHALL BE JUST AND IN ACCORDANCE WITH THE PRICIPLES SET BY OUR CONSTITUTION. ; (iii)

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-07-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

Jose A. Rivera-Quinones
Jose A. Rivera-Quinones — Petitioner
Jose A. Rivera-Quinones — Petitioner