DueProcess HabeasCorpus
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
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