Sean William Roulo v. Minnesota
DueProcess FourthAmendment FifthAmendment JusticiabilityDoctri
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?
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