Donatus O. Mbanefo v. United States
DueProcess FourthAmendment HabeasCorpus
Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of the Equal Protection clause of the 14th Amendment?
QUESTIONS PRESENTED FOR REVIEW PREFACE: Three elderly minority physicians, with significant health issues, were arbitrarily selected, prosecuted and incarcerated, leading to the untimely death, in prison, of one of them within the first year of incarceration, from despair, major ‘depression and sepsis. Question 1. Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of the Equal Protection clause of the 14 Amendment? , Question 2. Whether trial counsel was constitutionally deficient in violation of the 6 Amendment for failing to file pretrial motions to dismiss the indictment on grounds of selective prosecution when the lower courts unanimously hold that the elements of the defense of selective prosecution were available to Petitioner prior to trial but waived because of failure to file requisite motions? i