No. 23-5161

Derek M. Funk v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-07-21
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 9th-amendment civil-rights confrontation-clause constitutional-challenge constitutional-law criminal-procedure due-process evidence-admissibility statute-interpretation statutory-interpretation
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Are Oklahoma statutes conformity with U.S. Constitution, Amendments IX and XIV?

Question Presented (OCR Extract)

QUESTION(s) PRESENTED 1. Mr. Funk respectfully asks: Are Oklahoma statute(s) 21 O.S. § 1040.12(a), 21 O.8.1040,8 (a), and 210.8. § 1024.1 in conformity with the United States Constitution, Amendment(s) IX and XIV? [facially and/or their application\ 2. Mr. Funk respectfully asks: The 4 and 10% Circuits have conflicting ruling(s), regarding the language contained within “Logan v. State” 2013 OK CR 2. Is this O.C.C.A. ruling a waiver of exhaustion of remedies requirement of 28 U.S.C.A. § 2244(d)? 3. Mr. Funk respectfully asks: ' Does Kallmann Syndrome! (KS) undermine the State’s ability to prosecute “alleged” child pornography case(s) without identifying the portrayed individual(s? 4. Mr. Funk respectfully asks: Did the State Government violate the Constitutional Rights of Mr. Funk by refusing to establish the date photographs/video, [prosecution evidence], were published? 4 5. Mr. Funk respectfully asks: Did the Trial Judge prevent Mr. Funk from presenting a defense to the allegations, : when the Court prevented his counsel from reading the definition(s) of the charged statute(s) before the Jury and preventing a jury nullification defense?* 1 Attached as Exhibit #ZA from the National Organization for Rare Disorders (NORD) 2 14th Amendment due process of law violation and 6‘ Amendment, (confrontation clause), violation? 3 As clearly established FEDERAL law identifies certain images published prior to a certain date to be exempt from prosecution. (i.e.: Brooke Shields’ movies “Blue Lagoon” and “Pretty Baby” or movies seen on T.C.M. T.V. Network). 4 Violating Mr. Funk’s Untied States Constitution, Amendment(s) V, VI, IX, and/or XIV i + ws |

Docket Entries

2023-10-02
Petition DENIED.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)

Attorneys

Derek M. Funk
Derek M. Funk — Petitioner
Derek M. Funk — Petitioner