No. 22-7762

In Re Lionel Scott Ellison

Lower Court: N/A
Docketed: 2023-06-12
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-procedure civil-rights constitutional-law due-process equal-protection federal-jurisdiction
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower court erred in its application of the Fourteenth Amendment's Due Process Clause

Question Presented (from Petition)

No question identified. : , a : a QUESTION(S) 1) Where in the State District Court the Petitioner was acquitted of Count I: Arson, and the Respondents in Postconviction Proceedings knowingly waived Petitioner's Double Jeopardy Claim concerning the remaining counts, by failure to brief that | claim, as required by the Montana Rule of Civil Procedure, 12(b); and Federal ' 'Waiver' and 'Party Presentation’ Law; why then is the Petitioner incarcerated under a conceded to illegal conviction Due Process violation? [§2254(d)(1),(2)]. 2) Where on appeal of Postconviction above; the Montana Attorney General knowingly also waived by failure to brief or dispute New Forensic Science evidence; the "Secondary DNA Transfer’ Findings, and relevant Supreme Court DNA jurisprudence in support of Petitioner's Actual Innocence Claim, is it not an abuse of discretion for the courts to disregard 'Waiver' Laws and New Exculpatory Evidence? 3) Where in the same Postconviction appeal the Montana Attorney General also failed to brief (3) three seperate Prosecutorial Misconduct Issues, constituting a legal waiver under Montana Rule of Appellate Procedure.12(2), holding that the Respondents are "not" "dissatisfied" with the Petitioner's (5) Constitutional “violation claims, guaranteed by the Double Jeopardy and Due Process Clauses of the Montana and U.S. Constitutions, why then have the Respondents counsel not moved to dismiss the remaining charges, as required by Rule 3.8 of Rules of Conduct, or is this a ‘Overbreadth' situation against the 'Party Presentation’ Doctrine? 4) Where trial counsel was given the waived evidence that a County detective and ; prosecutor being involved in scheme to Abduct, Torture, Rape and Murder the Petitioner, using "Bounty' monies hiring Cartel members,-as also waived, was counsel ineffective, violating 5th and 6th Amendments, concerning 'Common Scheme! including blowing up the car Petitioner was driving; and that witnesses saw the detective attack Petitioners home, committing the alleged crimes, disregarding State Investigation Report confirming this 'Outrageous Government Conduct'? 5) Where a U.S. Dist. Ct. Judge knowingly committed ‘Fraud on the Court’ by Perjury to protect an unlawful decision, to 9th Circuit Commissioner and excused by 9th Circuit, is Due Process denied? i . . a ’

Docket Entries

2024-01-08
Rehearing DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-10-20
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Ellison, In Re
Lionel Scott Ellison — Petitioner
Lionel Scott Ellison — Petitioner