No. 21-7677

Kyle Maurice Parks v. United States

Lower Court: Eighth Circuit
Docketed: 2022-04-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2022-05-26
Question Presented (AI Summary)

Whether the petitioner's Fourth Amendment rights were violated by an illegal search and seizure without a warrant and probable cause affidavit

Question Presented (OCR Extract)

No question identified. : 28 U.S.C. §2255 Relief to the petitioner law enforcement violated his fourth amendment to illigal search without a warrent and refuse to produce said warrent and probable cause affidavit. Illinois V. Gates, 462 U.S. 213, 213, 39, 76 L. Ed. 2d. 527, 103 S. CT. 2317 £1983+; See also Carlisle V. United States, 517 U.S. 416, 428 (1996) As recognied. in Bank of Novia Scotia V. United States; 487 U.S. 250, 254-55 (1988). Ohio office (3) Whether the District Court acted properly when it denied 28 ; U.S.C §2255 Relief for the Violation Of Conforntation Clause at trial six different times by the Prosicutor. Pointer V. Texas, 380 U.S. 400. 65 s. CT. 1065, 13 1. Ed. 204.923 (1965). Id. at 315-316, 94 S. ct at 1110 (Quoting 53 Wigmore Evidence §1395. P. 123 (3rd Ed 1940). See also Crawford V. Washington, 541 U.S. 36, 158 L. ™ Ed. 24d 177. 124 S. CT 1354 (2004) (4) Whether the District Court acted properly when it denied the petitioner a evidentiary hearing in violation of due process and Fed. R. Civ. P : (c) in accordance with 4(b) and 8(b) of rules governing §2255 Proceeding. Petitioner must recieve.a evidentiary hearing if the court accept the allegation as true. Delgato V. United States. (8th cir 1998) (Quoting Engelen V. United States. 68 F. 3d 238, 240 8th cir 1995) : (5) Can the government totally disregard a Supreme Court binding Rule in order to satisfy its own personal agenda by applying multiplicious indictment? Page 2 (6) Can a magistrate judge deny a defendant the opportunity to without the due process of review to determine competency? (7) Can the government submit; known erronous information to presentencing investigator to increase sentence? (8) Can a judge alter the text of a statute to create multiple offence(s),.then hold that unanimity in not required on the judicially created statute? United States District Judge John A. Ross, Eighth Circut United States Magistrate Judge John M. Bodenhausen Assistant United States Attorney Joshua M. Jones Page 3

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent United States to respond filed.
2022-03-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2022)

Attorneys

Kyle M. Parks
Kyle Maurice Parks — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent