No. 22-7438

Frank Nellom v. United States District Court for the Eastern District of Pennsylvania

Lower Court: Third Circuit
Docketed: 2023-05-03
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-06-29 (distributed 2 times)
Question Presented (AI Summary)

Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super.1989) Court Order establish acquittal

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super.1989) Court Order establish acquittal. Prove fraud upon the court as follows: AND NOW this 12th day of March, 2014, upon consideration of the Motion for Expungement or Hearing of Frank Nellom requesting determination as to whether the Superior Court order stating "The primary Issue for the jury in this case was whether there had been forcible rape or consensual sexual Intercourse." Means both charges must be found again or result in a consensual and forcible sexual intercourse finding that does not constitute a crime. And any pleadings filed in opposition thereto? It is hereby Ordered and Decreed. 1 Motion is Granted 2 It being clear the not guilty and guilty verdicts that appear of record which followed the above stated law resulted in a consensual and forcible sexual intercourse finding that does not constitute a crime. Therefore the record referencing the Rape conviction shall be expunged. B. Does the United States Constitution, Amendment XIV. Require answer on the merit of the question raised by Pennsylvania Supreme Court, Chief Justice, Max Baer Notice to Plead, and Petitioner's reply thereto as follows: "The jury found Plaintiff guilty of rape, but acquitted him with respect to the IDSI charge." "Does the fact IDS! means rape, legal understanding that the above statement really means quilty of Rape, but acquitted him with respect to the Rape charge. Establish acquittal. Intent of the Frank Nellom Court. And, March 12, 2014, Order of Judge Brown. (Action For Declaratory Judgment Exhibit C). "Finding does not constitute a crime? 3 : |. TABLE OF CONTENT 4

Docket Entries

2023-06-30
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-21
Rescheduled.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-12
Waiver of right of respondent Joseph T. Molieri, Jr., Esquire to respond filed.
2023-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2023)

Attorneys

Frank Nellom
Frank Nellom — Petitioner
Frank Nellom — Petitioner
Joseph T. Molieri, Jr., Esquire
James G. Schu Jr.Kane Pugh Knoell Troy & Kramer, LLP, Respondent
James G. Schu Jr.Kane Pugh Knoell Troy & Kramer, LLP, Respondent