No. 22-6171

Leihinahina Sullivan v. United States District Court for the District of Hawaii

Lower Court: Ninth Circuit
Docketed: 2022-11-30
Status: Dismissed
Type: IFP
IFP
Tags: civil-rights constitutional-rights criminal-procedure due-process evidence-suppression government-misconduct grand-jury grand-jury-subpoena prosecutorial-misconduct subpoenas
Key Terms:
Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the United States District Court for the District of Hawaii sanctioned the abuse of process and violation of the Petitioner's Fifth Amendment Constitutional Due Process Rights, Violation of Federal Rules of Criminal Procedure Rule 6(e) and Rule 17 for prosecutors to create false grand jury subpoenas using district court trial court subpoenas to compel witnesses to attend pre-trial conferences and to collect evidence in order to convict Petitioner

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | Oe titan abuse of process and violaheom of Pethmerte Fifth Amendment Constituhenal Due Proceas Rights , Violahen of Fecleval Rules of Cammal Procedure Rule le) and Rule !} tov prosecutors to create fale grand jury subpecnas usin distict court tnal Court Sulopocnas to compel wineseas Attend premal conterenceas and te collect EMdence In order | +o tonvect Fetihoer , Which !United States Distier Court for , the Distnct Court of Hawaii sanehmed? | €2) Should Petihoner then be allowed under Federal Rules of | Criminal Procedure Rube 1 to witlhevaw her plea ater finding | out aleout prosecutorg achovi in creating fake grand jury Subpoenas as Petihomer was under the mistaken belief ! el Prsccuters had oletained documentary Ciuidence legally, | and just veason +p withdraw her pleas? (2 Shsuld there be su pressim of the evidence oletamed | by Govem ment Vhrovias ike grand vary Subpoenas or cismissal of indictment due 43 outvadreous government conduet that violatas “a recognized stahitery or consttuhmal rigink."? United States v. “Chapman, 524 F.3d 1034, 1085 (ath OF 2008).

Docket Entries

2023-02-21
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2022-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2022)

Attorneys

Leihinahina Sullivan
Leihinahina Sullivan — Petitioner