No. 18-6864

Thomas Whitlow v. United States

Lower Court: Eighth Circuit
Docketed: 2018-11-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-complaint criminal-complaint-validity false-statements fraud-on-court indictment perjury probable-cause reckless-disregard subject-matter-jurisdiction sworn-affidavit void-judgment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Is the criminal complaint void when it was based on statements from Special Agent Terrance Taylor that were knowingly false and exhibited reckless disregard for the truth to determine probable cause and later at trial he testified contrary to his sworn affidavit?

Question Presented (from Petition)

QUESTIONS PRESENTED i #1, IS THE CRIMINAL COMPLAINT VOID WHEN IT WAS BASED. . oe ON STATEMENTS FROM SPECIAL AGENT TERRANCE TAYLOR ~ STATEMENTS THAT WERE KNOWINGLY FALSE AND EXHIBITED RECKLESS. DISREGARD FOR THE TRUTH TO DETERMINE PROBABLE CAUSE AND LATER AT TRIAL HE TESTIFIED CONTRARY TO HIS SWORN AFFIDAVIT? — : a WAS THE INDICTMENT INSUFFICIENT ESP:WHEN IT FAILED a TO STATE AN OFFENSE? #3, DID THE INDICTMENT FAIL TO ALLEGE EACH MATERIAL ; ELEMENT OF THE OFFENSE? #4, DID THE DISTRICT COURT LACK SUBJECT MATTER OF JURISDICTION? #5, DID THE DISTRICT COURT COMMIT FRAUD IN THIS CASE? #6, CONSIDERING THE CRIMINAL COMPLAINT WAS BASED ON FALSE STATEMENTS, AND THE INDICTMENT FAILED TO STATE AN OFFENSE, AND DID NOT ALLEGE EACH MATERIAL ELEMENT . _ OF THE OFFENSE, AND LACKED SUBJECT MATTER JURISDICTION, = = CAUSING FRAUD ON THE COURT,WOULD ALL THIS: QUALIFY . AS AVOID JUDGMENT? .

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-07
Waiver of right of respondent United States to respond filed.
2018-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)

Attorneys

Thomas Whitlow
Thomas Whitlow — Petitioner
Thomas Whitlow — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent