Wayne Johnson v. Court of Appeal of California, First Appellate District, et al.
DueProcess Privacy
Whether a state can use a void restraining order as the foundation of a criminal prosecution without violating due process
Questions Presented Can it ever be harmless error for a State to force a Defendant to stand trial on multiple felonies while admitting into evidence as the foundation of the prosecution a void restraining order, one that was subsequently declared void by a separate panel of the Court of Appeal because it was issued without notice or opportunity to be heard, and once having done so is it Constitutional for the Appellate Court to fabricate facts that do not exist in the record to support an otherwise unconstitutional conviction thereby falsely suggesting the introduction of the void restraining order was not harmful prejudicial error or a miscarriage of justice? Whether it is Constitutional for a State to circumvent a person’s right to justice and possible Supreme Court review in a criminal case by burying an otherwise significant unconstitutional ruling in an unpublished appellate opinion. 2 II. _