No. 22-7024

In Re Kevin Ogden

Lower Court: N/A
Docketed: 2023-03-16
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-law constitutional-rights criminal-law criminal-statute due-process insufficient-evidence jury-instructions legal-interpretation statutory-interpretation
Latest Conference: 2023-04-14
Question Presented (from Petition)

There was insufficient evidence to convict. The N.M. Embezzlement Statute clearly says the owner's name must be used in the Criminal Complaint and Information. The statute clearly says the funds must be used. Major Due Process Violations, etc.

N.M. Statutes Annotated clearly state that an attempted fourth degree felony is a misdemeanor. This is Major Due Process Violations and right to a trial by jury.

Petitioner is required to have an attorney. He did not. Or at least have access to legal books. This is a clear violation of the first and sixth Amendments etc. of The U.S. Constitution.

None of the elements of the crime were proved. This is insufficient evidence to convict.

Intent to do the crime is not an element of the crime and can be negated for many reasons.

This is an important public interest petition because the elements of the crimes are contained in the Uniform Jury Instruction and not in the criminal code.

Question Presented (AI Summary)

Whether the evidence was insufficient to convict the defendant

Docket Entries

2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-03-13
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Kevin Ogden
Kevin Ogden — Petitioner