No. 18-842

Gilbert Mendez v. United States

Lower Court: Sixth Circuit
Docketed: 2019-01-03
Status: Denied
Type: Paid
Tags: assistant-us-attorney attorney-misconduct criminal-procedure due-process fraud government-negligence jurisdiction subject-matter-jurisdiction us-attorney
Key Terms:
ERISA DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the Court of Appeals erred by failing to recognize that a U.S. District Court lacks subject-matter jurisdiction over a criminal prosecution when the plaintiff United States of America is not represented in that court by the United States Attorney or by a validly licensed and properly qualified Assistant United States Attorney

Question Presented (from Petition)

QUESTIONS PRESENTED: 1 Whether the Court of Appeals erred by failing to recognize that a U.S. District Court lacks subjectmatter jurisdiction over a criminal prosecution when the plaintiff United States of America is not represented in that court by the United States Attorney or by a validly licensed and properly qualified Assistant United States Attorney. 2. Whether the Court of Appeals erred by failing to recognize that a felony prosecution violates the due process guarantee of the Fifth Amendment when it gives the appearance of impropriety because the counsel for the plaintiff United States of America knowingly and willfully perpetrated a fraud upon the trial court and the defendant when he falsely represented himself to possess a valid law license and where his employer, the United States Department of Justice, was grossly negligent by never making any reasonable attempt to verify independently that he was entitled to appear and practice before that trial court. ii LIST OF ALL

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-05
Brief of respondent United States in opposition filed.
2019-03-05
Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2019.
2019-03-04
Motion to extend the time to file a response from March 6, 2019 to April 5, 2019, submitted to The Clerk.
2019-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2019.
2019-01-30
Motion to extend the time to file a response from February 4, 2019 to March 6, 2019, submitted to The Clerk.
2018-12-26
Petition for a writ of certiorari filed. (Response due February 4, 2019)

Attorneys

Gilbert Mendez
Sarah Thomas KovoorFord, Gold, Kovoor & Simon, Ltd., Petitioner
Sarah Thomas KovoorFord, Gold, Kovoor & Simon, Ltd., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent