No. 23-6637

Aruan Aleman Hernandez v. Palm Beach County State Attorney

Lower Court: Eleventh Circuit
Docketed: 2024-01-31
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment civil-rights constitutional-rights counsel-rights due-process equal-protection federal-jurisdiction sixth-amendment standing statutory-interpretation
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2024-03-28
Question Presented (AI Summary)

Whether the 6th Amendment right to counsel extends to victims of a crime for purposes of Equal Protection

Question Presented (OCR Extract)

QUESTIONS PRESENTED oo Section 1331 of Title: 28 of the United States Code provides for federal question.cases the opportunity to be heard.:The characterization of the §1331 cannon presented above not only yield a series of clarity enhancing jurisdictional standard, but’ also presents:a principle asserts that §1331 jurisdiction is best understood as a function of the viability of the. federal right that the petitioner asserts balanced against other indicia: of congressional intent that the petitioner particular claim should be heard:in:the federal courts. ~ ~~ : Here;the Court faces cases where State law supplies-a-cause of action ‘in which a federal right is.embedded. The petitioner in such cases is not alleging a congressional cause of-action; thus, there are fewer indicia of congressional intent to vest §1331. Indeed, the petitioners in _ , such cases‘ as the'one: at hand essentially concede that there is not a congressional judgment that they are “appropriate partlies] to invoke the power. of the ‘[federal] court” in the matter at hand. David v. . Passman, 442 U.S.:228, 239 (1979). Rather, the existence of a federal | right constitutes the sole marker of legislative approval to take §1331 | jurisdiction. See e.g., John F’Manning, Textualism as a nondelegation | 3. If the 6 Amendment of the United States Constitution protects the defendants with the right to assistance of counsel, it is fair to not include in the same 6 Amendment those rights to any victim of a crime for purpose of Equal Protection of the law? lv

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2024)
2024-01-22
Application (23A668) granted by Justice Thomas extending the time to file until February 24, 2024.
2024-01-09
Application (23A668) to extend the time to file a petition for a writ of certiorari from January 25, 2024 to March 18, 2024, submitted to Justice Thomas.

Attorneys

Aruan A. Hernandez
Aruan Aleman Hernandez — Petitioner
Aruan Aleman Hernandez — Petitioner