No. 18-9800

Barton Joseph Adams v. United States

Lower Court: Fourth Circuit
Docketed: 2019-06-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 5th-amendment civil-contempt civil-rights civil-rights-violations constitutional-violation due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel pre-trial-incarceration section-2255 supervisory-powers
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether the district court and the appeal court departed from the accepted and usual course of judicial proceedings

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the district court and the appeal court departed from the accepted and usual course of judicial proceedings throughout this case including when the court relied on United States v. Susi, 2007 WL 2757748 (W.D. N.C. Sept. 21, 2007) as the basis to incarcerate Dr. Adams pre-trial for over four years with no end in sight in retaliation for Dr. Adams exercising his Fifth Amendment right to remain silent and also to deny Dr. Adams’s § 2255 motion. The district court, the appeal court, and defense counsel failed to recognize that the defendant in Susi was given immunity when Susi was ordered to create a pre-trial accounting in a separate order and therefore Susi’s Fifth Amendment rights were not violated. Unlike Susi, there is no second order from the district court protecting Dr. Adams from prosecution. The four plus years of pre-trial incarceration for civil contempt with no end in insight along with many other constitutional violations made Dr. Adams’s signature on the 20% plea agreement offer, involuntary, and the product of ineffective assistance of counsel. I would like to point out that not one judge on the appeal court in the fourth circuit recognized the violation of Dr. Adams’s Certiorari should be granted to exercise this Court’s supervisory powers. iii Il. Whether the district court proceeded in conformity with the provisions of 28 U.S.C. § 2255, when the district court made findings on controverted issues of fact without notice to the petitioner and without a hearing, when the petitioner made a substantial showing of the denial of a constitutional right. Il. Whether a district court must for purpose of resolving an appeal of a §2255 motion accept the sworn material facts as stated by a §2255 movant as true when the district court denies § 2255 relief without an evidentiary hearing and without notice. iv

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-10-30
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-08
Waiver of right of respondent United States to respond filed.
2019-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2019)
2019-04-23
Application (18A1085) granted by The Chief Justice extending the time to file until June 22, 2019.
2019-04-16
Application (18A1085) to extend the time to file a petition for a writ of certiorari from April 23, 2019 to June 22, 2019, submitted to The Chief Justice.

Attorneys

Barton J. Adams
Barton Joseph Adams — Petitioner
Barton Joseph Adams — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent