No. 18-8139

Louis A. Hardison v. United States

Lower Court: Eighth Circuit
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: asset-forfeiture civil-procedure civil-procedure-forfeiture due-process federal-adoption federal-jurisdiction forfeiture in-rem-jurisdiction ineffective-counsel missouri-forfeiture-laws missouri-statute state-federal-jurisdiction state-law turnover-order
Key Terms:
DueProcess CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether Missouri statute RSMO 513.607-613.647 provides exclusive in rem jurisdiction over seized property even when state and local government fail to initiate forfeiture proceedings

Question Presented (OCR Extract)

QUESTION PRESENTED IS WHETHER US ATTORNEY OF WESTERN DISTRICT OF MISSOURI, DISTRICT COURTS AND EIGHTH CIRCUIT ROUTINELY VIOLATED THIS EXECUTIVE ORDER TO CIRCUMVENT THE QUESTION PRESENTED IS WHETHER US ATTORNEY OF WESTERN DISTRICT OF MISSOURI, DISTRICT COURTS AND EIGHTH CIRCUIT ROUTINELY VIOLATED THIS EXECUTIVE ORDER TO CIRCUMVENT MISSOURI FORFEITURE LAWS IN OBTAINING A TURNOVER ORDER, AND DOES THE SYSTEMIC FRAUD IN THE JUDICIARY OF THE FEDERAL COURTS IN MISSOURI INVITES ANARCHY AND TERRIBLE RETRIBUTION AND IMPERILS THE EXISTENCE OF THE GOVERNMENT WHEN THEY ARE THE LAW BREAKERS. 5. UNDER THE REQUEST FOR ADOPTION OF STATE OR LOCAL SEIZURES AND THE ASSET FORFEITURE POLICY MANUAL SEIZURE BY STATE AND LOCAL LAW ENFORCEMENT CHAPTER 14 SECTION B.3 30-DAY RULE FOR PRESENTATION FOR FEDERAL ADOPTION ; A.1 SEIZURE BY A FEDERAL TASK FORCE OFFICER: THE TFO’S ACTIONS AND AUTHORIZATIONS FOR THOSE ACTIONS WERE RELATED TO HIS/HERS DUTIES AND AUTHORIZATIONS AS A STATE OR LOCAL LAW ENFORCEMENT AGENT. THE QUESTION PRESENTED IS WHETHER WHEN A MISSOURI LAW ENFORCEMENT OFFICER NOT IN HIS CAPACITY AS A TASK FORCE OFFICER VIOLATED BOTH THE ASSET FORFEITURE MANUAL AND MISSOURI STATUTES THAT FORBIDS A STATE OR LOCAL LAW ENFORCEMENT TO TRANSFER SEIZED PROPERTY WITHOUT A TURNOVER ORDER. AND DO THE TIME LIMITS OF CAFA AND CAFRA APPLY. 6. THIS COURT HELD IN MCCOY V. LOUISIANA NO: 16-8255 (2018) THE SIXTH AMENDMENT GUARANTEES A DEFENDANT THE RIGHT TO CHOOSE THE OBJECTIVE OF HIS DEFENSE. THE QUESTIONED PRESENTED IS WHETHER A ATTORNEY ASSIGNED UNDER 18 USC 3006(A) FAILURE TO KNOW OR PROPERLY APPLY LAW. INADEQUATE DISCOVERY OF FACTS AND FAILURE TO CONDUCT AN ADEQUATE INVESTIGATION COUNSEL ADMITS “HE’S UNFAMILIAR WITH WHAT IS A TURNOVER ORDER UNDER MISSOURI LAW AND HOLDS A BAR LICENSE FROM THE STATE OF MISSOURI AND CJA FORM 20 FORM ILLUSTRATES COUNSEL TOTALLY RELIED UPON THE GOVERNMENT TO DEFEND PETITIONER AMOUNTS TO INEFFECTIVE ASSISTANCE OF COUNSEL. 1

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-14
Blanket Consent filed by Petitioner, Louis A. Hardison.
2019-03-05
Waiver of right of respondent United States to respond filed.
2018-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)
2018-10-23
Application (18A423) granted by Justice Gorsuch extending the time to file until November 13, 2018.
2018-10-10
Application (18A423) to extend the time to file a petition for a writ of certiorari from October 14, 2018 to December 13, 2018, submitted to Justice Gorsuch.

Attorneys

Louis A. Hardison
Louis A. Hardison — Petitioner
Louis A. Hardison — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent