No. 18-8733

Russell T. McElvain v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-04-10
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure double-jeopardy due-process equal-protection federalism self-incrimination statutory-interpretation
Key Terms:
DueProcess FifthAmendment FirstAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Can a state enact a statute that combines the use of older, established statutes as the ways and means to commit the new statutes crime, merely eroding all of the elements required to prove the crime committed by the original older established statute?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Can a state enact a stotube Phat combines the use of older, established Stotutes as the WOYS And means To Commit The new stecbuctes come, Merely eri not ng alt o€ the elements required +e Prove the ccime Committed by he Octaingl older estolblyshed shobube ? a. Isga poWee, inteccoapsien asing ® Promise af “No more trouble and no Mure Charges, (€ tredeFendant tells the detective the location of eviblence’ and using questionable coecsive measuces fo get a conession, a vielatyon uf the de Pendants Fi Pty Amendment maht oopinsh self -inccimination 7: 3, Does a cout, by Ning, antics suscon testimony ad “eetal Whe same Crederice as an outcry witness’ “testimony, who ofRers a ANFerent stoey ; Niolebe the Craht to a Late Peval? 4. PektWoner received inefhective assistance of counsel Ror multiple feasons (see A-E) ony of which violeted fs Sixth Amendment evant to counse| and His FUERA Amendment Due Process Claht. 5. Child Pornography or actshe Photography? Ts Yedou's lewd Tomorrows Commonly accepted practices? Is The Femole breast really a Sex organ of dtd Goals BeSlon plan th} Ye be a means of Feeding an infant? Ace Sexually celoted laws Sexually Aiseriminabecy ? , , ;

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)

Attorneys

Russell T. McElvain
Russell T. McElvain — Petitioner