No. 23-5833

Sean William Roulo v. Minnesota

Lower Court: Minnesota
Docketed: 2023-10-18
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 6th-amendment double-jeopardy due-process equal-protection fair-notice fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment
Key Terms:
DueProcess FourthAmendment FifthAmendment JusticiabilityDoctri
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Was the prosecutor's deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court's summons and the required fair notice of the charges contained in the complaint, an act of outrageous misconduct and a violation of the rights which must be accorded petitioner under the 14th Amendment due process clause? Did these acts and omissions of the prosecutor also directly cause, or contribute to a denial of petitioner's 6th Amendment right to be represented by counsel of his choice?

Question Presented (OCR Extract)

Questions Presented 1. Was the prosecutor’s deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court’s summons and : the required fair notice of the charges contained in the complaint, an act of outrageous misconduct and a violation of the rights which must be ; accorded petitioner under the 14th Amendment due process clause? Did these acts and omissions of the prosecutor also directly cause, or contribute to a denial of petitioner’s 6th Amendment right to be represented by counsel of his choice? 2. Did Petitioner’s convictions resulting from charges added to the Third Amended Complaint occur in violation 14th Amendment Due Process right to advance notice of the specific charges he faced? 3. “After hearing witness testimony followed by the prosecutor’s admission there wasn’t “any evidence” to support charges in counts 1 & Hl, the trial court granted the prosecutor’s mid-trial motion to drop those charges from the complaint. Did the trial court’s action granting the prosecutor’s motion constitute an acquittal on the merits for those charges, and if so, did petitioner’s continuing jeopardy and later convictions oncount’s | & Il in the 3rd Amended Complaint violate the Double Jeopardy Clause of the 5th Amendment and/or the Equal Protection clause of the 14th Amendment? i 4. Do petitioners convictions in this case require reversal because no rational trier of fact could find the evidence in this case met the Due Process proof of guilt beyond a reasonable doubt standard? ii

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
DISTRIBUTED for Conference of 12/1/2023.
2023-11-02
Waiver of right of respondent Minnesota to respond filed.
2023-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2023)
2023-06-07
Application (22A1058) granted by Justice Kavanaugh extending the time to file until August 24, 2023.
2023-05-26
Application (22A1058) to extend the time to file a petition for a writ of certiorari from July 25, 2023 to August 24, 2023, submitted to Justice Kavanaugh.

Attorneys

Minnesota
Lydia Villalva LigoOffice of the Minnesota Attorney General, Respondent
Lydia Villalva LigoOffice of the Minnesota Attorney General, Respondent
Sean W. Roulo
Sean William Roulo — Petitioner
Sean William Roulo — Petitioner