No. 22-164

Mark Elliott Stuart v. Douglas Gerlach, Judge, Superior Court of Arizona, Maricopa County, et al.

Lower Court: Arizona
Docketed: 2022-08-23
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights due-process free-speech police-conduct prosecutorial-misconduct sixth-amendment speedy-trial vindictive-prosecution
Key Terms:
FirstAmendment DueProcess Patent Privacy
Latest Conference: 2022-10-14
Question Presented (AI Summary)

Whether the State can punish an individual for refusing to obey an unconstitutional order or for peacefully exercising constitutional rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether the State can seek to punish and prosecute an individual for refusing to obey an unconstitutional order from a public official and a police officer, or for peacefully and lawfully exercising constitutional and statutory rights? (2) Whether the State violates a defendant’s Sixth Amendment Speedy Trial rights by deliberately taking actions seeking to hinder the defense and deprive a defendant of his right to a fair trial, which severely prejudiced the defense and caused more than thirty months of delays in a non-violent misdemeanor prosecution? ii |

Docket Entries

2022-10-17
Petition DENIED.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-14
Waiver of right of respondent Douglas Gerlach, Judge, Superior Court of Arizona Maricopa County, et al. to respond filed.
2022-06-23
Petition for a writ of certiorari filed. (Response due September 22, 2022)
2022-04-04
Application (21A573) granted by Justice Kagan extending the time to file until June 23, 2022.
2022-03-31
Application (21A573) to extend the time to file a petition for a writ of certiorari from April 24, 2022 to June 23, 2022, submitted to Justice Kagan.

Attorneys

Douglas Gerlach, Judge, Superior Court of Arizona Maricopa County, et al.
Kenneth M. FlintCity of Scottdale Prosecutor's Offce, Respondent
Mark Elliott Stuart
Mark Elliott Stuart — Petitioner