No. 18-6964

Henry L. Wallace v. United States

Lower Court: District of Columbia
Docketed: 2018-12-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a jurisdiction defective indictment can be procedurally or time bar adjudication

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) Whether a jurisdiction defective indictment can be procedurally or time bar adjudication after twenty years, if it violate these Supreme Court Full Certorari case decisions of United States v. Griffin 82 L.Ed 764 (1938). Insurance Of LR. LtD 456 U.S. at 702 Philbrook v. Gladgett, 421 U.S. 707 95 S.Ct 44 L.Ed 109 (1973) McGrath v. Kristensen 340 U.S. 162 (1950) California v. La Rue, 409 U.S. 109, 112 93 S.CT 390 34 L.Ed 342 (1972) Harris v. United States 149 F.3d 1304 (lith Gir. 1998)? 2) Was the indictment issued by the Grand Jury [Jurisdictional Defective] in violation of Supreme Court case law contained in +Russell.v. United States 969 U.S. 749 (1962)? And was the indictment Count (1) constructively Amended, outside of congress voted into law murder statute, in violation of Russell? 3) Whether Petitioner had ineffective Assistance of Counsel in violation of Strickland v. Washington, when counsel assign failed to see the tadictment jurisdictkionally defective Count (1)? ; 4) Was the double jeopardy clause violated, when on the face of a District of Columbia indictment for murder, state of Maryland crimes of prior convictions and sentences were charged by indictment in count (1), and the trial jury convicted on count (1) state of Maryland crimes Found guilty of again, and sentence for, along with a D.C. murder count. Did this violate North Carolina v. Pearce 393 U.S. 711 (1969)? 5) Whether Petitioner was denied a fair trial, and prosecutorial misconduct occur, when Petitioner prior state of Maryland convictions and sentence : was on face of the trial indictment in violation of Parden v. Wainwright 477 U.S. 168 (1986)? 6) Was Berger v. United States, violated by the prosecutor office misstatement of fact used to obtain conviction, when Count (1) statute for murder was "constructively Amended"? : Il. , . i . ~ . QUESTION(S) PRESENTED 7) Whether Yates v. Evatt 500 U.S. 391 (1991) and Francis v. Franklin, 471 U.S. 307 (1985) Jury instruction fundamentally defective in defining element of crime, when the indictment count was illegally "constructively amended" violate these two Supreme Court decisions? 8) Whether Russell v. United States 369 U.S. 749, (1962) Supreme Court case law was violated unconstitutionally? When the state of Maryland prior crimes was listed on face of the trial indictment, which means the conviction was obtained on a factual basis different than charged in the D.C. Murder statute. 9) Was Supreme Court case law contained in Townsed v. Sain 372 U.S. 293 (1963) violated? When under District Qf Columbia Code § 23-110 evidence hearing rules it should have been granted? 10) Whether Supreme Court case decision Old Chief v. U.S. 136 L.Ed 574 (1996) was violated in this case? When prior state of Maryland evimes, was on the face of a (D.CG.) Indictment IIl.

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-17
Waiver of right of respondent United States to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)

Attorneys

Henry L. Wallace
Henry L. Wallace — Petitioner
Henry L. Wallace — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent