No. 22-7071

Elmer D. Baker v. Ron Neal, Warden

Lower Court: Seventh Circuit
Docketed: 2023-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights directed-verdict due-process ex-post-facto jurisdiction jury-unanimity state-jurisdiction statute-of-limitations verdict-direction
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Is it a denial of due process when a state imports a due process right and then acquiesces the defendant was denied this right and then arbitrarily takes it away by superseding the jury and directing a verdict for the state based on evidence of crimes allegedly committed outside the state and all the state courts jurisdictions?

Question Presented (from Petition)

QUESTION(S) PRESENTED FOR REVIEW Question One Preface: The Indiana Supreme Court ruled petitioner had a state required due process right to a unanimous jury verdict; then acquiesced he had been denied this right because the unanimity instruction his jury was given was fatally sO ambiguous; then ruled it was a harmless error; then superseded the jury’s duty by directing a verdict for the state bases on evidence of crimes allegedly committed outside the state and Indiana court's jurisdiction. Question One: Is it a denial of due process when a state imports a due process right and then acquiesces the defendant was denied this right and then arbitrarily takes it away by superseding the jury and directing a verdict for the state based on evidence . of crimes allegedly committed outside the state and all the state courts jurisdictions. ; Question Two: Does it violate due process of law and the proscriptions under the state and federal constitutions against ex post facto laws when the state is allowed to : revive a previously expired statutorily commanded limitations deadline by making a newly enacted law retroactive when it was not a “watershed” law that was not constitutionally based? . Question Three: Does the Due Process Clause still require an adequate voir dire to . identify unqualified jurors in. the United States? Can a reviewing court impede a defendant the right to investigate constitutional violations of an inadequate voir dire and then deny his claim based on an inadequate investigation? i

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-21
Waiver of right of respondent Neal, Warden to respond filed.
2023-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2023)

Attorneys

Elmer D. Baker
Elmer Dean Baker — Petitioner
Elmer Dean Baker — Petitioner
Neal, Warden
Thomas M. FisherOffice of the Indiana Attorney General, Respondent
Thomas M. FisherOffice of the Indiana Attorney General, Respondent