No. 19-8304

Timothy J. McVay v. Illinois

Lower Court: Illinois
Docketed: 2020-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actus-reus burden-of-proof civil-rights constitutional-rights criminal-procedure due-process first-degree-murder mens-rea presumption-of-innocence
Key Terms:
DueProcess Privacy
Latest Conference: 2020-05-28
Question Presented (AI Summary)

Whether a bench trial conviction of first degree murder can be upheld without evidence

Question Presented (from Petition)

QUESTION PRESENTED Whether a bench trial conviction of first degree murder by H.U.M . Matrix(Homicide by Unspecified Means) can be upheld without benefit of: an eyewitness, a confession, a cause of death, a crime scene, or any meaningful . physical evidence; where the conviction rests solely on a judge’s “reasonable inferences” which were; extensively documented on the record, as: inconsistent with the evidence presented at trial, beyond the scope of testimony and cross . : examination of prosecution’s witnesses, and contradicted by the judge’s . deliberate statements admitting to the lack of physical evidence requiring speculation as to the “act” resulting in death, finally followed by proffering his . | own theory of the crime never presented by the states expert medical examiner? , The decision in this case was divided upon appeal specifically on the issue : of intent (a prosecution’s mandated burden of proof) a key component in state and federal first degree murder statutes; wherein this conviction, fundamentally violates U.S. Constitutional authority of Amendments VI and XIV to prove a defendant’s actus reus and mens rea(VInature and cause of accusation) and . deprivation of guaranteed rights (XIVdue process and equal protection of laws) , as established by procedural rules and presumed innocence doctrine. _ QUESTION PRESENTED | Whether a structurally deficient search warrant for a private residence ; can rightfully issue containing no alleged specific offense(def: a violation of law, ; ; i.e. a crime) where; instead being used as, an instrument to conduct a fishing . : . expedition against a citizen -not mirandized or in custodywho willingly co. operates with police regarding an adult “missing person” complaint; which is . not, by accepted investigative standards, a committable criminal offense; . therefore not sufficient for an affiant to show probable cause? . , By US. Constitutional authority of Amendment IV, protection from ; . unreasonable search and seizure is of paramount importance especially when a ; | warrant is unstably supported by: false statements of the affiant, contradiction . between law enforcement agencies and court jurisdictions involved, and ‘ intentionally omits relevant information, voluntarily provided by the targeted . citizen, to police and family of the missing person. .

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-11
Waiver of right of respondent Illinois to respond filed.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2020)

Attorneys

Illinois
Michael Marc Glick — Respondent
Michael Marc Glick — Respondent
Timothy J. McVay
Timothy J. McVay — Petitioner
Timothy J. McVay — Petitioner