No. 21-6843

In Re Kevin Brewer

Lower Court: N/A
Docketed: 2022-01-13
Status: Denied
Type: IFP
IFP
Tags: certificate-of-innocence constitutional-claim due-process federal-circuit fourteenth-amendment lambert-v-california scienter
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the petitioner is liable for constituting any offense in which the scienter requirements of the Due Process Clause of the Fourteenth Amendment has not been met, which determines whether petitioner has met the requirements of a certificate of innocence

Question Presented (from Petition)

ISSUE PRESENTED The entire panel of active judges in 8‘ Circuit Court Of Appeals have evaded, refused and failed to address the merits of a constitutional claim within a petition for certificate of innocence, brought forth under the Due Process Clause of the Fourteenth Amendment and the notice and knowledge, including knowledge of any duration period it requires, as set out by the Supreme Court in Lambert vy. California, 355 U.S. 225 (1957). The aforementioned issue determines the final and only question in this case to be presented on certiorari, and that question is whether the petitioner is liable for constituting any offense, in which the scienter requirements of the Due Process Clause of the Fourteenth Amendment has not been met, which determines whether petitioner has met the requirements of a certificate of innocence. i

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2021-11-10
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

In Re Kevin Brewer
Kevin Brewer — Petitioner
Kevin Brewer — Petitioner