DueProcess HabeasCorpus Privacy
Whether habeas corpus relief is being denied
QUESTION PRESENTED After more than 14 manths of the Unrted States Dishict Court forthe Northern Dishict of Tlinais delaying ruling aon Mr. Gogans origina) pehtion for wrt of habeas Corpus ~ and Me. Gagan petitioning the. United Slates Court of Appeals forthe Seventh Grouit for a writ of mandarous to Compe! o prampt, just decisian ~ the district Court denied the petition and a certificate of appealab |dy (COA) without fosr Consideratian and plenary processing of the. Jackson v. Virginia, 4A U.S. SOT W979) Claim. Subsequerty, Mr, Bogans request for a COA was denied by Yhe. Seventh Grewt Court of Appeals, not Vhraugh a Shreshold inquiry, but by using a false procedural ground to dlisregarol the issues in the COA request. The question presented is + T. Whelher habeas carpus relief is being denied where (a) the. State of Tlinais tailed Yo prove the Substantive elemens of Cangtuctive possession — Mr. Bogans (1) immediate and exclusive Cantrol of a cay Containing a defaced handgun and (2) Anowledge of the Weapan being Yherein 5 (b) the. distict Court, as retalictian, deprived Mr. Gagan ofa full and Sour hearing ; Ond (c) the. Court of appeals, in ColluSion with the districh Court to deny a full and foir heaving, deprived Mr. Bogan of a full and fair CoA hearing’ REASONS FOR NOT MAKING APPLICATION TO , DISTRICT COURT OF DISTRICT OF CONFINEMENT Pursuant Yo 26 U.S. 0.8 2242, the reasans Mr. Bagan decided Yo make. applicatian in the Linited States Supreme Court rather than the United States District Court for the Southern Dishict of Dlinais is because applicatian to the dishict court would hove been fulile, aS a previous pehYion and COA had been denied and the Const retains No authority Yo overrule. a sister distict court ar a Court of apPeals. Moreover, tne way Mr. Bagans previous petition was treated by the district court ound the Cawt of appeals leads him Yo believe. he will not receive a full and fair hearing in any Court ather than the Supreme Court of the Linited Slates. i