No. 23-7279

Charles K. Wallace v. Louisiana

Lower Court: Fifth Circuit
Docketed: 2024-04-19
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: authentication civil-procedure civil-rights constitutional-rights due-process federal-court-filings fraud habeas-corpus jury-trial standing subject-matter-jurisdiction
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Is the U.S. Department of Justice under a duty to enforce accurate federal court filings therein federal district courts to comply with 18 U.S.C. §1028 to avoid fraud and unauthentic information?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. IS THE U.S.DEPARTMENT OF JUSTICE UNDER A DUTY TO ENFORCE ACCURATE FEDERAL COURT FILINGS THEREIN FEDERAL DISTRICT COURTS TO COMPLY WITH 18 U.S.C. §1028 TQRAVOID FRAUD AND UNAUTHENTIC INFORMATION? 2. DO“ STATE COURT PROCEEDINGS AXIOMATICALLY REMOVE TO FEDERAL DISTRICT COURT WHEREIN CASE IS PENDING WHEN STATE IS DIVESTED SUBJECT MATTER JURISDICTION OVER DIVERSE CITIZEN BY NO RIGHT TO TRIAL RY JURY. 3. WHEN FACTS ARE ASSERTED ON DIRECT APPEAL AND NEVER REBUTTED BY RESPONDENT-APPELLEE STATE OR THE APPEAL PANEL DO THEY NOT BECOME CONCLUSIVE TO END CASE IN FAVOR OF APPELLANT BY LAW? 4, CAN A STATE PRISONER ASSERT A SUBSTANTIVE CONSTITUTIONAL RIGHT THAT HAS NEVER BEEN EXTINQUISHED BY WAIVER ON FACE OF RECORD FOR FIRST TIME AT. ANYTIME? 5. CAN THE LOWER DISTRICT COURT FILE A 28 U.S.C.§2254 ON BEHALF OF A STATE PRISONER BINDING HIM UNDER 28 U.S.C.A. §2244(b)(3) THOUGH NO SUCH AUTHENTIC PETITION :"CHARLES K.WALLACE v. STATE OF LOUISIANA" EXISTS? 6. CAN THE LOWER COURT OF APPEALS UPHOLD A MISCONSTRUED 28 VALID PETITION AS A 28 U.S.C. §2254 FICTITIOUS PETITION TO CIRCUMVENT VALID REMOVAL? . : 7. WHEN STATE CONSTITUTION AND STATUTES NULLIFY RIGHT TO TRIAL BY JURY w/ot'WHOLENNUMBER ‘OF JURORS ,AND DEFENDANT ADJUDICATED GUILTY BY JUDGE WITHOUT WAIVERS OR PROCESS OF RIGHT OF REMOVAL BY COUNSEL THE COURT OR STATE, CAN . ANY STATE PROCEEDINGS BE BUT NULL WHEREIN A “’ HABEAS‘ .” CORPUS WAS GRANTED AND NO RECORD EXISTS PER CLERK BE CONSTRUED AS CHALLENGE TO STATE CONVICTION WITHOUT AN EVIDENTIARY HEARING BELOW IN DISTRICT COURT? IV.A QUESTIONS PRESENTED CONTINUED 8. DO STATE CRIMINAL DEFENDANTS HAVE UNENUMERATED RIGHTS UNDER THE AMENDMENT TO A UNANIMOUS JURY INSTRUCTION AND VERDICT UNABRIDGED BY STATES UNDER AMENDMENT WITH/BY DUE PROCESS AND EQUAL PROTECTION OF THE LAWS AND UNDER UNITED NATIONS ‘ NATIONS UNIVERSAL DECLARATION OF HUMAN RIGHTS ARTICLES 1.through 21. 9. DOES THE FAILURE OF STATE COURT TO EXACT ANY WAIVERS OF : THE RIGHT OF REMOVAL FOR CAUSE ON FACE OF RECORD IN A CRIMINAL CASE REMOVE PROCEEDINGS BY FRAUD AND ILL WILL*RELATIVE TO CASE AGAINST ANY PERSON WHO IS DENIED OR CANNOT ENFORCE IN THE COURTS OF SUCH STATE A RIGHT UNDER ANY LAW PROVIDING FOR THE EQUAL CIVIL RIGHTS OF CITIZENS OF THE UNITED STATES ,OR OF ALL PERSONS WITHIN THE JURISDICTION THEREOF:ot FOR ANY ACT UNDER COLOR OF” AUTHORITY DERIVED FROM ANY LAW PROVIDING FOR EQUAL RIGHTS OR FOR REFUSING TO DO ANY ACT ON THE GROUND THAT IT WOULD BE INCONSISTANT WITH SUCH. LAW INVIOLATE OF OATH OF OFFICE? IV.B

Docket Entries

2024-10-07
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2024-07-17
Motion DISTRIBUTED for Conference of 9/30/2024.
2024-06-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2024-06-10
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-17
Waiver of right of respondent Louisiana to respond filed.
2024-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2024)

Attorneys

Charles Wallace
Charles K. Wallace Sr. — Petitioner
Louisiana
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent