DueProcess HabeasCorpus
Can a conviction stand when the trial judge was civilly committed and later determined to be suffering from Wernicke-Korsakoff Syndrome?
QUESTION PRESENTED Can a conviction stand when at the time of trial and sentencing the trial judge was civilly committed and later determined to be suffering from Wernicke-Korsakoff Syndrome? Was the petitioners right to a "“compétent tribunal" violated due to the judges inability to rationally Make decisions in the case? . 4 Rule 20.1 requirement; ‘ Rule 20.4 . RELIEF CANNOT BE OBTAINED IN ANY LOWER COURT The petitioner previously filed a 2241 to the Eastern District of Virginia. This was done in October 2017, immediately after the facts were discovered that Judge Minaldi was civilly committed mere days after presiding over the case in question. The facts include Associated : Press news reports that Magistrate Judge Kay had civilly committed Judge Minaldi due to her inability to handle her basic affairs. In January 2018, the Eastern District of Virginia transfered the ' 2241 petition to the Westérn District of Louisiana. The Western Dist=. rict of Louisiana dismissed the filing without prejudice and construed it as a unauthorized second 2255. Kretser cannot meet the requirements for a second 2255 which is why he properly filed it as a 2241 in the ° : district of confinement. la . At the courts direction, Kretser attempted to meet the requirement of a second 2255 in March 2019. The court once again denied the motion. : Kretser meets the requirements for a 2241 but feels that the lower . courts are unable to properly hear this casc due to the fact that the courts have never had a judge be incompetent to héar a case due to documented mental illness during the trial and sentencing. Because this set of facts have never been addressed, the Supreme Goprt should hear this case and explain to the lower courts how to handle simular cases. For these reasons, the Supreme Court is-best situated to hear this ; matter and provide guidence to the lower courts. Rule 20 requirement; . * REASON FOR FILING TO THE SUPREME COURT , The issues raised. in this motion have never been ruled upon by any court in the history of the United States. The Constitution requires that a defendant be tried by a "competent tribunal" and the fact that the district court judge was suffering from a debilitative mental disorder that was not publicaly disclosed until years after the trial and conviction, violates Due Process. The Supreme Court should address this issue and provide guidance to Sop. er the lower courts in how to appropriately) handle cases where the trial judge was mentally incapable to ajudicate a case that is before it for ajudication. a , PETITION . . L. Name and location of court which entered the judgment of conviction under which you are presently confined: ; oF ; < . . : ‘ . . wos . 2. Date of judgment of conviction: 02/13/2007 —_ oo 3. Length ofsentence: 30 years Sentencing Judge: _Y inaldi / 4. Nature of offense or offenses for which you were conyjeted: COERCION OR ENTICEMENT OF FEMALE a 3. Were you sentenced on more than one count of an imerent or on more than one indictment, in the same court and at the same time? Yes[ ] Nokxx] 6: Do you have any future sentence to serve after you complete the sentence imposed by the judgment under attack? Yes{ ] Nokxxl a ne . ; A If so, give name and location of court which imposed sentence to-be served in the “future: o a an . ; B. Give date and length of sentence to be served in future: , ; , ___N/A __ C. Have you filed, or do you contemplate filing, any petition attacking the judgment : which imposed the future sentence? Yes[ ] No[ 1 N/A o GROUND ONE: DUE PROCESS VIOLATION . Supporting Facts: During the first week of March, 2007, the Honorable Kathleen Kay (Magistrate Judge for the Western District of Louisiana) attempted to civilly commit her longtine friend who had been diagnosed with a disease called WERNICKE " ENCEPHALOPATHY & KORSAKOFF SYNDROME. Judge Kay had determined that her friend was not capable to take care: of herself and thig civil commentment occur ed just one month after she (the friend