No. 23-5797

In Re Deryl Dude Nelson

Lower Court: N/A
Docketed: 2023-10-18
Status: Dismissed
Type: IFP
IFP
Tags: arrest-warrant complaint complaint-validity fourth-amendment ineffective-assistance judicial-finding judicial-hearing probable-cause statutory-requirement
Key Terms:
FourthAmendment DueProcess HabeasCorpus
Latest Conference: 2023-11-03
Question Presented (AI Summary)

Did the state appeals court err in finding the complaint met the statutory requirement absent a judicial finding of probable cause?

Question Presented (from Petition)

QUESTIONS PRESENTED The magistrate issued an arrest warrant without probable cause based on a complaint that was not sworn to but instead signed by an unknown person functioned as the complaining witness to make it appear that the arrest warrant was properly issued. This act and omission violated numerous federal laws including the Fourth Amendment that requires an arrest warrant to be issued upon a finding of probable cause supported by Oath of affirmation. , I. DID THE STATE APPEALS COURT ERR WHEN IT REACHED A DECISION THAT THE COMPLAINT MET THE STATUTORY REQUIREMENT ABSENT OF A JUDICTAL FINDING OF PROBABLE CAUSE? II. DID THE STATE APPEALS COURT ERR WHEN IT REACHED A DECISION THAT THE PROBABLE CAUSE WAS ESTABLISHED TO CONVICT PETITIONER AT PRELIMINARY EXAMINATION RATHER THAN DECIDING WHETHER WAS THERE PROBABLE CAUSE AT THE FIRST JUDICIAL HEARING FOR THE ISSUANCE. OF THE ARREST WARRANT? IIl. DID THE STATE APPEALS COURT ERR WHEN IT RE: ACHED A DECISION THAT PETITIONER DID NOT RECEIVE INEFFECTIVE ASSISTANCE OF COUNSEL WHERE THE RECORD SHOW COUNSEL FAILED TO AT. TACK THE VALIDITY OF THE COMPLAINT AND WARRANT VIA EVIDENTIARY HEARING AND WITHDREW THE MOTION FOR EVIDENTIARY HEARING AFTER THE JUDGE INSISTED THAT THE HEARING WAS NEEDED? 4 ,

Docket Entries

2023-11-06
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-04
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Deryl Nelson
Daryl Dude Nelson — Petitioner
Daryl Dude Nelson — Petitioner