No. 23-5873

Benjamin R. Ross v. United States

Lower Court: Sixth Circuit
Docketed: 2023-10-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights constitutional-law due-process free-speech standing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower court erred in its interpretation of the First Amendment's free speech protections

Question Presented (OCR Extract)

No question identified. : i If Article I, Section 9, Clause 2 of the United States Constitution enshrines the privilege of the Writ of Habeas Corpus as a critical bulwark against arbitrary detention, and if Ross presented at-the-least plausible grounds for relief in his appeal, did the Circuit Court's refusal to grant a Certificate of Appealability not only contravene this constitutional safeguard but also undermine the credibility of the appellate process? Moreover, by declining to grant the certificate in the absence of conditions like "Rebellion or Invasion," did the Circuit Court effectively suspend the privilege of Habeas Corpus, thereby violating the Constitution? Lastly, does the Circuit Court's decision warrant the scrutiny of the U.S. Supreme Court to affirm the integral principles of justice and due process? Based on the foregoing, should this Court assume jurisdiction?

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-10-30
Waiver of right of respondent United States to respond filed.
2023-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)

Attorneys

Benjamin R. Ross
Rhys Brendan Cartwright-Jones — Petitioner
Rhys Brendan Cartwright-Jones — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent