No. 19-5004

Ivan Stamps v. Michael Miller

Lower Court: Tenth Circuit
Docketed: 2019-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: biggers-test concerted-action fourteenth-amendment fourth-amendment fraud-on-the-court fundamental-fairness governmental-conduct habeas-corpus hearsay-testimony jurisdiction oath-requirement-perjury-fraud-jurisdiction perjury perjury-fraud-jurisdiction verification-affidavit
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether State obtained conviction through perjury/fraud

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether State obtained conviction through perjury/fraud e Whether Outrageous Governmental Conduct claim may carry a custody simpliciter of: oath requirement, perjury, fraud and jurisdiction, under Fourth and Fourteenth Amendments. e Whether Concerted Action of Government officers obtained jurisdiction and ; * conviction with known use of perjured/fraudulent verification affidavit, if the affidavit was a nullity, or resulted in fraud on the court; where State failed to deny perjury, and 2254 court and Tenth Circuit held verification invalid but did not review issue of perjury and if the alleged perjured affidavit was material to the State proceedings under U.S. Constitution. Whether Biggers test was applied in an objectively unreasonable manner. e Whether police hearsay testimony may be used in place of eyewitness testimony to determine independent origin and reliability of identification, to fill witness prongs of the Biggers test, and if separate hearing was required. Whether Failure to Gain Consent and statement of good cause to refile dismissed charges resulted in. Fundamental Fairness and lack of jurisdiction. e Whether Tenth Circuit may apply 28 USC 2254(d)(1),(2) to un-adjudicated allegation of lack of fundamental fairness, lack of jurisdiction, prosecutors failure to disclose to the defense or gain consent of court to refile charges. i & od Parties to Proceeding All parties appear in the caption of the case on the cover page. Petitioner Ivan Stamps #68133 P.O. Box 999 Canon City, CO 81215 Respondants Counsel Office of the Attorney General, Philip J. Weiser Attn: Ryan Crane 1300 Broadway 9 fl. Denver CO 80203

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-05
Waiver of right of respondent Michael Miller to respond filed.
2019-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)
2019-05-08
Application (18A1148) granted by Justice Sotomayor extending the time to file until July 12, 2019.
2019-04-29
Application (18A1148) to extend the time to file a petition for a writ of certiorari from May 13, 2019 to July 12, 2019, submitted to Justice Sotomayor.

Attorneys

Ivan Stamps
Ivan Stamps — Petitioner
Michael Miller
L. Andrew CooperOffice of the Colorado Attorney General, Respondent