No. 20-1404

Kenyon J. Garrett v. United States

Lower Court: Fifth Circuit
Docketed: 2021-04-07
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights constitutional-rights cumulative-error-doctrine due-process federal-rules-civil-procedure fraud misconduct witness-tampering
Key Terms:
DueProcess FourthAmendment Privacy
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Whether the government can use direct evidence of threats, intimidation, coercion, fraud, and witness tampering to deprive a petitioner of his 5th and 14th Amendments rights

Question Presented (OCR Extract)

Question Presented 1. Whether the can use direct evidence of threats, intimidation, coercion, fraud, and witness tampering to deprive a petitioner of his 5th and 14th Amendments rights of due process and the fundamental fairness to present my case fully and fairly. The Fifth Circuit’s opinion in this legal matter conflicts with another circuit’s opinion regarding the allowance of fraud and misconduct (obstruction, coercion) in a civil proceeding that requires this Court’s intervention. Does direct, clear and convincing evidence of the egregious misconduct requires relief under F.R.C.P 60 (b) (8) (6)? 2. Whether a Pro Se Petitioner Seventh Amendment right to a jury trial can be denied by the lower Courts in a civil proceeding, when the disputed amount is greater than twenty dollars ($20.00), and the jury trial was requested by the petitioner in writing in the Original Complaint under F.R.C.P 38? 3. Whether the lower Courts committed reversible error and violation of petitioner’s Constitutional rights to present relevant, non-cumulative, evidence under F.R.C.P 60 (b) (2) (6); were the clients has admitted to guilt and guilt of a third party? : 4. Whether cumulative-error doctrine applies to Civil Proceeding. There is circuit split regarding cumulative error applicability in civil cases which requires this Court supervisory power. Do cumulative-errors that deprive a ; petitioner of their Constitutional rights of fundamental fairness to present . my case fully and fairly in Civil Proceeding require relief under F.R.C.P 60 (b)? @ 4 PARTIES TO PROCEEDING AND RELATED CASES Solicitor General of the United States Room 5616 Department of Justice 950 Pennsylvania Avenue, N.W. . ; Washington, D.C. 20530-001 *Garrett v. United States, No. 5:17-cv-00784 District Court for The Western District of Louisiana: Judgements entered November 21, 2019 — December 12, 2019 *Garrett v. United States, No, 19-30994 Fifth Circuit Court of Appeals: Judgements entered July 24, 2020 and October 09, 2020 tl

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-06-26
Petition for Rehearing filed.
2021-06-01
Petition DENIED.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-04
Waiver of right of respondent United States to respond filed.
2021-03-08
Petition for a writ of certiorari filed. (Response due May 7, 2021)

Attorneys

Kenyon J. Garrett
Kenyon J. Garrett — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent