No. 21-7066

Kevin Brewer v. United States

Lower Court: Eighth Circuit
Docketed: 2022-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arkansas-sex-offender-registration-act certificate-of-innocence constitutional-claim due-process fourteenth-amendment lambert-v-california notice scienter sex-offender-registration
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Can petitioner be liable for constituting any offense, in which the scienter requirements of the Due Process Clause of the Fourteenth Amendment has not been met

Question Presented (OCR Extract)

QUESTIONS PRESENTED ISSUE The Eighth 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 v. California, 355 U.S. 225 (1957). QUESTIONS 1, Can petitioner be liable for constituting any offense, in which the scienter requirements of the Due Process Clause of the Fourteenth Amendment has not been met, as set out by the Supreme Court in Lambert v. California, 355 U.S. 225 (1957), in determination as to whether petitioner has met the | requirements of a certificate of innocence. 2. Does the Arkansas Sex Offender Registration Act of 1997 violate the United ; States Constitution, in that is does not require notice and acknowledgment of | its requirements, as required by Due Process Clause of the Fourteenth Amendment of the United States Constitution. | : Related Cases Brewer v. Ark. Sex Offender Assessment Comm., 2018 Ark. App. 475 (Ark. Ct. App. 2018) Opinion entered September 11, 2013 In matter of Kevin Brewer Ark. Code Ann. 12-12-919 Application Case no. CV-2013048 Case id 10CV-13-43 Clark County Arkansas, Order entered December 30, 2013 In Re Kevin Brewer No. 21-6843, Pending } Kevin Brewer v. Clark County Circuit Clerk case id CV-13-282 Arkansas Supreme Court, Order entered April 18, 2018 | Kevin Brewer v. United States, No. 21-1872, U. S. Court of Appeals for the Federal Circuit. Order entered August 16, 2021 | | Kevin Brewer v. United States, cert. denied, 180 S. Ct.482 (2009) Cert. Denied | | October 3, 2011 , Kevin Brewer v. United States, No. 20-1209, U. S. Court of Federal Claims. Memorandum Opinion and Order entered February 19, 2021 State Of Hawaii v. Kevin Brewer case no. 94-0049 (Hawaii) Judgement entered September 9, 1994 | United States v. Kevin Brewer, No. 6:09-cr-60007, U. S. District Court for the | Western District of Arkansas. Order entered August 25, 2009. | | United States v. Kevin Brewer, No. 09-3898, U. S. Court of Appeals for the Eighth ) Circuit. Judgment entered December 20, 2010 | United States v. Kevin Brewer, No. 6:10-cv-06003, U. S. District Court for the Western District of Arkansas. Order entered May 20, 2010 United States v. Kevin Brewer, No. 13-1261, U. S. Court of Appeals for the Eighth Circuit. Judgment entered September 10, 2014 it |

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-10
Waiver of right of respondent United States to respond filed.
2021-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2022)

Attorneys

Kevin Brewer
Kevin Brewer — Petitioner
Kevin Brewer — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent