No. 23-990

George Dunbar Prewitt, Jr. v. Yazoo County, Mississippi

Lower Court: Fifth Circuit
Docketed: 2024-03-11
Status: Denied
Type: Paid
Tags: civil-rights constitutional-challenge due-process federal-jurisdiction racial-equality reconstruction-acts removal removal-jurisdiction standing subject-matter-jurisdiction three-judge-court voting-rights
Key Terms:
DueProcess Securities
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Whether the district court and the 5th circuit panel acted in the total absence of subject-matter-jurisdiction by illegally assuming the subject-matter-jurisdiction of the requested three-judge-court

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the district court and the 5th circuit panel acted in the total absence of subject matter jurisdiction by illegally assuming the subject matter jurisdiction of the requested three-judge court? 2. Whether the well-pleaded notice of removal sufficiently alleged, pursuant to 28 U.S.C. § 1443(1), that I am immune from prosecution by a Mississippi state government whose existence is a nullity due to Mississippi's noncompliance with multiple federal laws that expressly provide for racial equality in the electorate’s mandatory, voting ratification of postCivil War constitutions in Mississippi? 3. Whether any federal court, other than a threejudge court under 28 U.S.C. § 2284, has jurisdiction | over the notice of removal’s claim that the 1890 | Mississippi constitution unlawfully moved Mississippi’s eastern boundary to include white majority counties in Alabama and thereby caused the improper apportionment of congressional districts and state | legislative districts in Mississippi and Alabama? ! 4. Whether the present-day descendants of American | Slaves, of which I am one, have been denied our prospective right, under multiple federal statutes, to vote for the ratification of post-Civil War constitutions in Mississippi in properly apportioned state legislative and congressional election districts, a subject matter jurisdictional issue that can only be determined by a three-judge court? 5. Whether the First Reconstruction Act, and Section 3 of the 14th Amendment to the U.S. Constitution, : respectively (a) barred the creation of the 1890 Mississippi Constitution by those in rebellion, and (b) ii was violated by the 5th circuit panel’s November 7, 2023 decision which approved the 1890 Mississippi constitution and a Mississippi state government that (1) is in open rebellion against multiple federal laws providing for racial equality regardless of “race, color, or previous condition of servitude” and (2) is in open rebellion against the federal Reconstruction Acts which expressly found that all “rebel” states lacked legitimate governments, a finding vindicated when the 1890 Mississippi state government overthrew the . 1868 Mississippi constitution that had complied with the 1867 Military Reconstruction Acts by being ratified by the Mississippi voters and approved by the Congress, facts which may disqualify the 5th circuit panel, and all Mississippi state government officials, from holding public office? ; 6. Whether the district court and the 5th circuit panel failed to follow U.S. Supreme Court precedent in Shapiro v. McManus, 136 S. Ct. 450 (2015), Johnson v. Mississippi, 421 U.S. 213 (1975), and the well-pleaded complaint rule for removal cases as outlined in Walker v. State of Georgia, 417 F.2d 5 (5th Cir. 1969)? 7. Whether the petty crime exception for misdemeanors, 1.e., trial without a jury, violates the Sixth Amendment edict that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.” (emphasis added). iii LIST OF ALL PARTIES All parties are listed in the caption.

Docket Entries

2024-05-13
Petition DENIED.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-03-04

Attorneys

George Prewitt
George Dunbar Prewitt Jr. — Petitioner
George Dunbar Prewitt Jr. — Petitioner