Rodney Douglas Eaves v. Colorado Department of Corrections, et al.
DueProcess
Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing
QUESTION(S) PRESENTED 1.) Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing. 2.) Whether a court can force a defendant to choose between two Constitutional rights and is such a choice an express waiver. 3.) Whether the Fourteenth Amendment is violated when lower courts : recharacterize a pro se litigant's claim. 4.) Whether the Fourth Amendment is violated if a court ignores the right to be free from false statements in an affidavit of probable cause. : 5.) Whether the U.S. Supreme Court should set a new precedent requiring a distinction between failures to preserve from destruction evidence whose inculpatory or exculpatory character is unknown, and failures to to turn such evidence over to the defense upon request. ; ti