No. 22-7468

Donatus O. Mbanefo v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2023-06-01
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-11
Waiver of right of respondent United States to respond filed.
2023-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2023)

Attorneys

Donatus Mbanefo
Donatus Mbanefo — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent