No. 19-5880

Andrew Joseph Larson v. Michael Pacheco, Warden

Lower Court: Wyoming
Docketed: 2019-09-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure conflict-of-interest constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus jurisdiction name-change personal-jurisdiction presumption-of-guilt presumption-of-innocence standing state-department subject-matter trial-jurisdiction
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

What are the necessary components for the trial court to be complete and hold jurisdiction over a case and was Avitabile's trial court complete?

Question Presented (OCR Extract)

Questions Presented Q1) What are the necessary components for the trial court to be complete and hold jurisdiction over a case and was Avitabile’s trial court complete? Q2) Does an actual conflict of interest create a situation in which constructive denial of counsel exists, requiring the case to be overturned ? Q3) Was Avitabile constructively denied counsel at trial by an attorney who worked to ensure a conviction for the prosecution? Q4) _ Did the U.S. State Department ever revoke the exequatur from the Italian Royal Families? Q5) Was the Wyoming State District Court capable of having jurisdiction over a European Royal without first contacting the US State Department and secondly transferring the case to Federal District Court to cure want of jurisdiction? Q6) Did the Petitioner’s Trial Court have jurisdiction over 1) the subject matter; 2) the person; 3) the location of the alleged crime? Q7) Did Petitioner ever legally change his name to “Andrew J. Larson”? Q8) Is Petitioner Andrew J. Avitabile or Andrew Larson; and what is the basis for that decision? Q9) Is it constitutionally allowable for a State to pass a statute that presumes guilt and places the burden of proving innocence upon the defendant? Q10) Is Wyoming Statute 6-2-311 unconstitutional and is Wyoming using this statute to convict innocent men of crimes they never committed? Q11) Does the evidence show that the crime that Avitabile is accused of never occurred and should Avitabile be released because his guilty plea was coerced despite his being innocent? Q12) An the State of Wyoming or the Wyoming Supreme Court change the name of a litigant or the name in a caption without the consent of the parties involved without the litigant requesting his name be changed? Inmate #23916 i Avitabile — Writ of Certiorari on State Habeas Corpus 2019

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-10-28
Petition for Rehearing filed.
2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-16
Waiver of right of respondent Michael Pacheco to respond filed.
2019-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2019)

Attorneys

Andrew Larson
Andrew Joseph Larson — Petitioner
Andrew Joseph Larson — Petitioner
Michael Pacheco
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent