No. 19-538

Albert S. N. Hee v. United States

Lower Court: Ninth Circuit
Docketed: 2019-10-24
Status: Denied
Type: Paid
Response Waived
Tags: circuit-court-precedent constitutional-rights criminal-prosecution due-process fabricated-evidence habeas-corpus stare-decisis substantive-constitutional-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Does the Doctrine of Stare Decisis require the Federal Courts to follow its prior Circuit Decisions of substantive constitutional rights although this court has not ruled on the issue?

Question Presented (from Petition)

QUESTION PRESENTED It is fundamental that the constitutional right of due process is violated when the Principal Government ; Agent lies by fabricating evidence in order to initiate a criminal prosecution, yet that is exactly what the : Government did in my case. Agents with the Internal Revenue Service (“IRS”) fabricated evidence against : me that was used to justify referral of my civil audit to the IRS’s Criminal Investigation Division (“CID”). The Federal Circuit Courts have uniformly held that a criminal prosecution based on a Government’s agent fabricating evidence violates substantive Constitutional Due Process. The Hawaii District Court and Ninth Circuit violated “the laws of the circuit” and stare decisis when deciding my Habeas Corpus Motion : and Petition for a Certificate of Appealability. This court should resolve the issue by granting certiorari to firmly establish a constitutional right not to be prosecuted based on fabricated evidence by ; the government. ' ‘THE QUESTION PRESENTED IS: . Does the Doctrine of Stare Decisis require the Federal Courts to follow its prior Circuit Decisions of substantive constitutional rights although this court has not ruled on the issue? ; ; ii ' LIST OF PROCEEDINGS : HABEAS PROCEEDINGS : United States District Court for the District of Hawaii Civ. No. 18-00104 SOM-RLP, Cr. No. 14-00826 SOM Albert S.N. Hee, Petitioner, v. United States of America, Respondent. _ Decision Date: September 25, 2018 ; United States Court of Appeals for the Ninth Circuit No. 19-15170 oe United States of America, Plaintiff-Appellee, v. ; , Albert S.N. Hee, _ : ; ; Decision Date: July 19, 2019 : CRIMINAL PROCEEDINGS United States District. Court for the District of Hawaii : United States of America, v. : . Albert S.N. Hee, Defendant: ; Cr. No. 14-00826 SOM ; ; Judgment Date: May 28, 2015 iii United States Court of Appeals for the Ninth Circuit No. 16-10018 ; ; United States of America, Appellee, v. . Albert S.N. Hee, : Decision Date: March 14, 2017

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-13
Waiver of right of respondent United States to respond filed.
2019-10-17
Petition for a writ of certiorari filed. (Response due November 25, 2019)

Attorneys

Albert S. N. Hee
Albert S. N. Hee — Petitioner
Albert S. N. Hee — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent