No. 22-6393

Xavier Milton Earquhart v. United States

Lower Court: Fourth Circuit
Docketed: 2022-12-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fair-trial federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review mandate-rule motion-to-dismiss sixth-amendment standing subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Does the court have an obligation to determine whether subject matter jurisdiction exists as a preliminary matter?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED If subject matter jurisdiction does not affirmatively appear in the record, is the judgement valid? Does the court have an obligation to determine whether subject matter jurisdiction exists as a preliminary matter when a motion to dismiss for lack of jurisdiction is timely filed pursuant to Fed.R.Crim.P. 12(B)(2)? Where the lower courts have failed to rule on the merits of a motion to dismiss for lack of jurisdiction pursuant to Federal Rule of Criminal Procedure 12(B)(2) can defendant's conviction be affirmed by the Court of Appeals? And has the defendant : been deprived of his due process under the Sixth Amendment of the United States! Constitution? i. Are motions filed while the case is still pending to dismiss for lack of subject matter jurisdiction barred by the mandate rule? Where a defendant timely files a motion to dismiss for lack of subject matter jurisdiction and the court fails to rule on the merits of said motion and subsequently enters a judgement against the defendant after jury trial has the defendant's right to a fair trial been violated?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2023-01-09
Waiver of right of respondent United States to respond filed.
2022-12-14
Application (22A525) granted by The Chief Justice extending the time to file until February 13, 2023.
2022-12-07
Application (22A525) to extend the time to file a petition for a writ of certiorari from December 15, 2022 to February 13, 2023, submitted to The Chief Justice.
2022-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 26, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Xavier Earquhart
Xavier Earquhart — Petitioner
Xavier Earquhart — Petitioner