No. 18-6579

In Re Patricia Ann McQuarry

Lower Court: N/A
Docketed: 2018-11-07
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appointment-affidavit burden-of-proof civil-procedure civil-rights constitutional-irregularity constitutional-law constitutional-result due-process ex-post-facto habeas-corpus ineffective-assistance-of-counsel ineffective-counsel remedies remedy secret-grand-jury standing subject-matter-jurisdiction unsigned-indictment vague-statutes
Key Terms:
SocialSecurity DueProcess HabeasCorpus CriminalProcedure Securities
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Can an unconstitutional action by the government bring about a 'constitutional result?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Petitioner challenges jurisdiction of the district court in this instant case. When a person challenges jurisdiction, the burden of proof shifts to the other party (the government) to prove jurisdiction. 1. Can an unconstitutional action by the government bring about a ‘constitutional result? 2. Cana wrong be committed without a remedy? 3. Can the USDC open the door to its limited jurisdiction with an “unsigned” Indictment in which the attorney for the government refuses to sign? 4. Is an indictment void for vagueness when it uses vague statutes with no authorizing regulations and no Title 26 statute defendant actually violated leaving her to guess at what law she could possibly have violated? 5. Can an indictment criminally charge the defendant with an ex post facto law? 6. Can a “secret” grand jury be used against a Private Citizen, distinctly not a government employee? 7. Cana USDC take subject matter jurisdiction in a criminal case without an Act of Congress to confer criminal subject matter jurisdiction to it? 8. Does a federal judge have the authority to preside over a criminal case and give orders and judgments when he is using a SF-61 counterfeit credential in place of the valid OPM Form 61 APPOINTMENT AFFIDAVIT mandated by the federal statute at 5 U.S.C. 3331? ; 9. Can the federal USDC maintain its limited jurisdiction when all officers of the court involved themselves in a commission of felonies against the defendant? {ii] 10. Does the defendant have the right to an effective assistance of counsel in the trial court and on direct appeal? 11.O0n direct appeal can the court refuse to address the petitioners pro se supplemental brief outlining the lower courts deprivation of her rights guaranteed by the constitution in which the appointed ineffective assistance of counsel refused to address? ,

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-10-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Patricia Ann McQuarry
Patricia A. McQuarry — Petitioner