No. 22-7860

Marijan Cvjeticanin v. United States

Lower Court: Third Circuit
Docketed: 2023-06-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: actual-innocence claim-preclusion constitutional-precedent due-process evidentiary-hearing federal-jurisdiction fundamental-miscarriage-of-justice issue-preclusion jurisdictional-challenge miscarriage-of-justice
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (AI Summary)

Did the Third Circuit violate the Constitution's Due Process Clause and this Court's established precedents

Question Presented (OCR Extract)

QUESTIONS PRESENTED: 1) Did the Third Circuit violate the Constitution’s Due Process Clause and this Court’s established precedents regarding fundamental miscarriage of justice exception when affirming the District Court’s decision to deny actual innocence claim without evidentiary hearing and arguing claim and issue preclusion due to the previous Rule 33 new trial motion litigation? 2) Did the Third Circuit violate the Constitution’s Due Process Clause and this Court’s established precedents when blatantly disregarding lack of federal : jurisdiction regarding some (Broadridge) counts of indictment? 3) Did the Third Circuit violate the Constitution’s Due Process Clause and this | Court’s established precedents when allowing prosecutors to engage in outrageous scheme to secretly remove exculpatory evidence from the U.S. courtroom in Trenton, New Jersey to prevent and influence jury deliberations?

Docket Entries

2024-02-29
Case considered closed.
2024-02-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2024-01-17
Motion DISTRIBUTED for Conference of 2/16/2024.
2023-10-16
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2023-10-02
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-29
Waiver of right of respondent United States to respond filed.
2023-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2023)

Attorneys

Marijan Cvjeticanin
Marijan Cvjeticanin — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent