No. 22-6245

Wade Plair v. Supreme Court of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2022-12-07
Status: Denied
Type: IFP
IFP
Tags: constitutional-violations double-jeopardy due-process equal-protection obstruction-of-justice prosecutorial-misconduct tampering-with-records
Key Terms:
DueProcess
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Does intentional prosecutorial misconduct disqualify the trial court from pursuing a second prosecution of the same case?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW , 1. DOES INTENTIONAL PROSECUTORIAL MISCONDUCT DISQUALIFY THE TRIAL COURT FROM PURSUING A SECOND PROSECUTION OF THE SAME CASE. ? Answered in the negative by the court below : 2. WHEN A COMMON PLEAS COURT TRIAL JUDGE, PRESIDES OVER A CASE, IN ONE JURISDICTION, AND PRESIDES OVER THE SAME CASE IN A DIFFERENT JURISDICTION, BARRED BY THE DOUBLE JEOPARDY CLAUSE OF THE 5", AMENDMENT OF THE UNITED STATES CONSTITUTION. ? Answered in the negative by the court below ; 3. WHEN A COURT ADMINISTRATIVE OFFICE FAILS TO PERFORM MINISTERIAL AND MANDATORY DUTIES CORRECTLY, IN VIOLATION OF THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE 1474. AMENDMENT OF THE UNITED STATES CONSTITUTION. ? Answered in the negative by the court below 4. WHEN AN ASSISTANT DISTRICT ATTORNEY, INTENTIONALLY MISREPRESENTS, STATUTES AND PROVISIONS OF LEGISLATIVE LAW, IN VIOLATION OF THE TAMPERING WITH RECORDS ACT, AND OBSTRUCTION OF JUSTICE. ? Answered in the negative by the court below 5. WHEN THE STATE AND FEDERAL APPELLATE COURTS FAIL TO ADDRESS THE ISSUE OF DOUBLE JEOPARDY UNDER THE 5", AMENDMENT OF THE UNITED STATES CONSTITUTION, DOES THAT, IN ESSENCE MAKE THE CLAIM VOID.? Answered in the negative by the court below 6. WHEN A COMMON PLEAS COURT JUDGE DELIBERATELY IMPEDES THE FILING OF APPEALS TO THE APPELLATE COURT, AND TAKES ACTIONS BEYOND ITS POWER CONFERRED ON IT BY LAW (JURISDICTION) IN VIOLATION OF THE DUE PROCESS AND EQUAL PROTECTION CLAUSE OF THE 147, AMENDMENT OF THE UNITED STATES CONSTITUTION. Answered in the negative by the court below

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2022-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2023)

Attorneys

Wade Plair
Wade Plair — Petitioner
Wade Plair — Petitioner