El-Sayyid Nosair v. United States
DueProcess HabeasCorpus
Whether the denial of equal justice by lower courts is still within the prohibition of the Constitution
No question identified. : THE PETITIONER'S IMPORTANT PRO SE QUESTIONS 1. WHETHER THE DENIAL OF EQUAL JUSTICE BY LOWER COURTS IS STILL WITHIN THE PROHIBITION OF THE CONSTITUTION AS THIS COURT HELD IN YICK WO v. HOPKINS IN 1886, AND WHETHER THIS COURT HAS MORAL AND LEGAL OBLIGATIONS TO INTERFER WHEN THE LOWER COURT+ HOUSES DOORS WERE UNJUSTLY CLOSED FOR THE MUSLIM AND ARAB PRISONERS, SUCH AS THIS PRO SE PETITIONER, WHO SOME OF THEM WERE WRONGFULLY CONVICTED OF TERRORISM CHARGES OR RECEIVED MUCH MORE SEVERE PUNISHMENTS THAN NON MUSLIM PRISONERS OR UNJUSTLY RECEIVED ADDITIONAL PUNISHMENTS FOR THE CHARGES IN WHICH THE JURY FOUND THEM NOT GUILTY OF, AS THE CASE WITH THIS PRO SE MUSLIM PETITIONER, IN VIOLATION OF THE WELL-ESTABLISHED CASE LAW OF THIS COURT INCLUDING BLAKELY v. WASHINGTON, AND : WHEN THE LOWER COURTS UNJUSTLY DEPRIVED THIS MUSLIM AND AN ARAB PETITIONER OF ALL MEANS WHICH ARE AVAILABLE TO OTHERS FOR HIS CASE TO BE HEARD AND DEFIED THES COURT RULINGS APPLIES TO HIM WITHOUT PROVIDING HIM WITH THE REASONS WHY SUCH RULINGS ARE BEING APPLIED BY SAME COURTS TO OTHERS BUT NOT HIM, INCLUDING THIS COURT RULINGS ON: BLAKELY v. WASHINGTON, 542 U.S. 296, 303 (2004) ("THE MAXIMUM SENTENCE A JUDGE MAY IMPOSE SOLELY ON THE BASIS OF THE FACTS REFLECTED IN THE JURY VERDICT OR ADMITTED BY THE DEFENDANT") ; APPRENDI v. NEW JERSEY, 530 U.S. 466, 494 (2000) ("ANY FACT THAT EXPOSES THE DEFENDANT TO A GREATER PUNISHMENT THAN THAT AUTHORIZED BY JURY'S GUILTY VERDICT IS AN ELEMENT THAT MUST BE SUBMITTED TO A JURY"); HURST v. FLORIDA, 193 L.Ed.2d 504 (2015)("THE SIXTH AMENDMENT PROVIDE THAT IN ALL CRIMINAL PROSECUTION, THE ACCUSED SHALL . . ENJOY THE RIGHT TO SPEEDY AND. PUBLIC.TRIAL BY AN IMPARTIAL JURY. THIS RIGHT, IN CONJUNCTION WITH THE DUE PROCESS CLAUSE REQUIRES THAT EACH ELEMENT OF CRIME BE PROVED TO A JURY BEYOND A REASONABLE DOUBT") ; UNITED STATES v. O'BRIEN, 560 U.S. 218 (2010) ("JUDGE-FOUND SENTENCING FACTOR, CANNOT INCREASE THE MAXIMUM SENTENCE A DEFENDANT MIGHT OTHERWISE RECEIVE BASED PURELY ON THE FACT FOUND BY JURY") ;AND ALLEYNE v. UNITED STATES, 133 S.Ct. 2152,2263 (2013) (COURTS , CANNOT IMPOSE A SENTENCE BASED ON FACTS THAT INCREASE THE PERMISSIBLE PUNISHMENT UNLESS SUCH FACTS HAVE BEEN ADMITTED OR FOUND BY THE JURY"). 2. WHETHER THE FIRST AND FIFTH AMENDMENTS TO THE U.S. CONSTITUTION AND THE SOUND JUDICIAL PRACTICE IMPOSES MORAL AND LEGAL OBLIGATIONS ON LOWER COURTS TO PROVIDE PRO SE LITIGANTS, SUCH AS THE PETITIONER, REASONED DECISIONS FOR DENYING THEM RELIEF TO HELP THEM WITH THEIR EFFORTS TO PROPERLY CHALLENGE THEIR CONVICTIONS AND SENTENCE, INSTEAD OF ISSUING SUMMARY DENTAL aio} ORDERS THAT PROVIDES NO LEGAL OR FACTUAL ANALYSIS TO AT LEAST GIVE AN ASSURANCE TO THE PRO SE LITIGANT THAT THE LOWER COURTS CAREFULLY REVIEWED HIS PRO SE PLEADINGS AND UNDERSTOOD HIS PRO SE ARGUMENTS AND APPLIED THE APPLICABLE STATUTES OR SUPREME COURT DECISIONS TO HIS CLAIMS FOR RELIEF AND TO ENABLE HIM TO UNDERSTAND WHY THE LOWER COURT DENIED HIM RELIEF AND WHAT NEXT HE NEEDS TO DO TO CHALLENGE HIS WRONGFUL CONVICTION OR SENTENCE ESPECIALLY WHEN LOWER COURTS PROVIDES REASONED DECISIONS FOR LAWSUITS FOLED BY PRISONERS WHICH ARE MUCH MORE LESS IMPORTANT THAN PRO SE MOTIONS THAT SEEKING RELIEF FROM WRONGFUL CONVICTION OR SENTENCE. THIS COURT REPEATEDLY EMPHAZED THE IMPORTANCE OF REASONED DECISIONS: _. CHAVES -MEZA v. UNITED STATES, 201 L.Ed.2d 359 (2018) ("JUDICIAL DECISIONS ARE REASONED DECISIONS. CONFIDENCE IN A JUDGE'S USE OF REASON UNDERLIES THE PUBLIC'S TRUST IN JUDICIAL INSTITUTION. A PUBLIC'STATEMENT OF THOSE REASONS HELPS THE PUBLIC WITH THE ASSURANCE THAT CREATES TRUST"); RITA v. UNITED STATES, 551 U.S. 338 (2007) ("THE RECORDS SHOWED “THAT THE SENTENCING JUDGE LISTENED TO EACH ARGUMENT ... CONSIDERED SUPPORTING EVIDENCE ... WAS FULLY AWARE OF DEFENDANT'S VARIOUS PHYSICAL AILMENTS"). 3. WHETHER THE SUPREME COURT HAS MORAL AND CONSTITUTIONAL OBLIGATION TO PROTECT THE MUSLIM PRISONERS ,WHO WERE WRONGFULLY CONVICTED OF TERRORISM CRIMES O