No. 23-5510

Anthony James Braxton v. Larry E. Harrah, et al.

Lower Court: Fourth Circuit
Docketed: 2023-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 4th-amendment 5th-amendment administrative-forfeiture civil-rights constitutional-protections due-process property-rights search-and-seizure
Key Terms:
DueProcess FourthAmendment FifthAmendment Punishment
Latest Conference: 2023-11-03
Question Presented (AI Summary)

Do I have a fundamental right to receive notice of administrative forfeiture of seized property?

Question Presented (OCR Extract)

ESTIONS PRESENT 1. DO}HAVE A FUNDAMENTAL RIGHT FROM THE 57, 9%, , and 14% AMENDMENT OF THE UNITED STATES CONSTITUTION, TO RECEIVE A NOTICE THAT MY SEIZED PROPERTY IS SUBJECT TO BE FORFEITED ADMINISTORATIVEIY, OUTSIDE OF THE STATE AND FEDERAL COURTS? 2. DO! HAVE A FUNDAMENTAL RIGHT FROM THE 54, 9T#, AND 14™ AMENDMENT OF THE UNITED STATES CONSTITUTION, TO RECEIVE A PROPERTY RECEIPT WHEN, FEDERAL LAW ENFORCEMENT ENTITIES, SEIZE MY PRIVATE PROPERY DURING A SEARCH WARRANT ON MY HOME ON APRIL 18TH 2016, AND FEBRUARY 15™ 2017? : 3. DO MY PRIVATE PROPERTY, HAVE EQUAL CONSTITUTIONAL PROTECTONS, AS MY LIFE, AND LIBERTY DOES, FROM THE 4', 5th, 6TH, 7th, gth, ot AND THE 1474 AMENDMENT OF THE UNITED STATES CONSTITUTION? 4, DOI HAVE THE 8™ AMENDMENT PROTECTION FROM THE UNITED STATES CONSTITUTION AGAINST CRUEL AND UNUSUAL PUNISHMENT WHEN | AM PUNISHED FOR A CRIME, BY ADMINISTORATIVE FORFEITURE OF MY SEIZED PRIVATE PROPERY ON APRIL 18" 2016, AND FEBRUARY 15" 2017, WHEN | AM ONLY ACCUSED OF A CRIME, WITHOUT EVER BEING CHARGED WITH A CRIME, OR INDICTED OF A CRIME, NOR DID | PLEA GUILTY TO A CRIME | KNOW ABSOLUTELY NOTHING ABOUT? 5. DOI! HAVE A FUNDAMENTAL RIGHT TO HOLD A CIVIL JURY TRIAL IN STATE COURTS, FROM THE . 7™ AMENDMENT OF THE UNITED STATES CONSTITUTION ( what has never been applied to the | states), BEFORE A STATE JUDGE CAN FORFEIT MY SEIZED PROPERTY SUA SPONTE, without any | KIND OF NOTICE LETTING ME KNOW PART OF MY SEIZED PROPERTY IS SUBJECT TO BE | FORFEITED, NOR ANY TYPE OF HEARING BEFORE PART OF MY SEIZED PROPERY IS FORFEITED BY A STATE JUDGE BY SUA SPONTE? 6. DO!HAVE THE FUNDAMENTAL RIGHT TO CHALLENGE WEST VIRGINIA CONTRABAND FORFEITURE ACT, WHEN FEDERAL LAW ENFORCEMENT ENTITIES ONLY USE THIS ACT TO SEIZED PROPERTY FOR ADMINISTORATIVE FORFEITURE, WITHOUT GIVNG ANY TYPE OF NOTICE IN THE NEWSPAPER, NOR DID | MYSELF RECEIVE A NOTICE, STATING THAT MY SEIZED PROPERY FROM APRIL 18" 2016, AND FEBRUARY 157" 2017, IS SUBJECT TO BE FORFEITED? 7, DO MY PERSONAL PROPERTY HAVE THE 13 AMENDMENT PROTECTION TO BE FREE FROM } BEING TAKEN INTO SLAVERY? 8. DO THE 4™ AMENDMENT PROTECTION, REQUIRE THAT FEDERAL AGENTS CHECK INFORMANTS ( PERSON ) AND ALL OTHER PEOPLE’S ( PERSON } BEFORE DRUG TRANSACTIONS CAN BE CALLED A CONTROL DRUG BUY, TO HAVE PROBABLE CAUSE FOR A SEARCH WARRANT ON MY HOME ON APRIL18TH 2016, AND FEBRUARY15TH 2017?

Docket Entries

2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-02
Waiver of right of respondent Detective CA Young to respond filed.
2023-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2023)

Attorneys

Anthony James Braxton
Anthony James Braxton — Petitioner
Anthony James Braxton — Petitioner
Detective CA Young
Jared Coy UnderwoodPullin, Fowler, Flanagan, Brown & Poe, PLLC, Respondent
Jared Coy UnderwoodPullin, Fowler, Flanagan, Brown & Poe, PLLC, Respondent