Robert Donald Gordon v. United States
DueProcess FifthAmendment HabeasCorpus
Did the courts act outside of their jurisdictions?
QUESTION(S) PRESENTED 1. Did the United States and lower courts act outside of their Constitutionally limited subject matter and/or territorial jurisdictions by adjudicating this case? 2. Did law enforcement officers and court officials act in violation of the 4th and 5th Amendments to the Constitution when initial reports and observations showed no evidence to probable cause to initiate any investigation, denying the petitioner . of his right to due process of law? 3. Do these statutes act beyond the Constitutional limits of the United States' power ..to punish as stated.in Article I, Section 8, clauses 6 and 10,.as well as Article _ ITI, Section 3, clause 2, and thus should be adjudicated by the several states, whose authority is protected by the 10th Amendment, rather than federal courts? 4. Did the courts below commit reversible error denying petitioner's § 2255 motion without conducting an evidentiary hearing to resolve the factual disputes? 5. When counsel failed to argue violations of the petitioner's Constitutionally protected rights, such as the freedoms to travel, peacably assemble, speak, and freely associate, was counsel Constitutionally ineffective because he misadvised the petitioner to waive his rights as protected by the 5th Amendment? 6. Was counsel Constitutionally ineffective by failing to inform the petitioner of the procedural defaults attached to his guilty plea denying petitioner his right of collateral remedy? 7. Did law enforcement officers act in violation of the 5th Amendment to the _ Constitution when officers singled out the petitioner for federal prosecution, bypassing State prosecutors and courts?