No. 20-6394

Michael A. Hagar v. United States

Lower Court: Sixth Circuit
Docketed: 2020-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-judicial-power criminal-procedure district-court-jurisdiction due-process jurisdiction protective-order sixth-amendment speedy-trial-act venue venue-limitations
Key Terms:
DueProcess Privacy
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; QUESTION 1 Do the Article 3, Section 2, Clause 3 provision, the "trial shall be held in the State where the said Crime shall have been committed" and the Sixth Amendment provision, the trial "in the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law," establishias-2 tribunal that is part of the government structure and limit the district court's constitutional judicial power, Article 3, Section 2, Clause 1, to hear a criminal case? QUESTION 2 Does 18 U.S.C. § 3232 limit the statutory judicial power, 18 U.S.C. § 3231, of the district court to hear a case? QUESTION 3 Is 18 U.S.C. § 3237 a grant of jurisdiction, by Congress, to a district court, giving the judicial power to hear a case, for an offense committed within the district? QUESTION 4 Can a defendant raise the issue of improper venue in a motion to dismiss for a violation of the Speedy Trial Act and preserve the issue of improper venue for review on appeal? QUESTION 5 ; Should the Appeals* Court have indulge a reasonable presumption against waiver, related to the issue of improper venue, and not presume acquiescence in the loss of a fundamental right? QUESTION 6 Did the Government violate Due Process by : providing inaccurate information in the venue argument, and did the Appeals’: Court err when it reached its: decision based on the inaccurate information, when the correct information was in the "

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-02
Waiver of right of respondent United States to respond filed.
2020-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2020)

Attorneys

Michael A. Hagar
Michael Hagar — Petitioner
Michael Hagar — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent