James Joseph Knochel v. Amy Fackrell, et al.
DueProcess JusticiabilityDoctri
Does Whitmore v. Arkansas require an evidentiary hearing before dismissing a next friend's petition for writ of habeas corpus?
Questions Presented . Petitioner filed a next friend petition for a writ of habeas corpus to the United States District Court, but was declared vexatious after asking for the evidentiary hearing required by the case law. The Arizona State Court’s public record and videos posted to YouTube fully establish Petitioner’s | allegations of fraud on the United States Court. The questions presented: #1 — Does Whitmore v. Arkansas, 495 U.S. 149, | require an evidentiary hearing before dismissing a next friend's petition for writ of habeas corpus, or is this just a suggestion? | #2 — May a petitioner be declared vexatious by the United States Court without an evidentiary hearing | to consider alleged evidence of fraud on the court? | #3 — May a respondent to a petition in the United States Court ‘assist’ the party to the petition — their involuntary client ~ by asking for the proceeding’s dismissal? #4 — Does the appointment of a guardian for a party to a habeas petition foreclose the United States Court from considering a next friend’s petition ; alleging violation of the Ward’s rights? : |