No. 24-5584

Pierre C. Marc v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction collateral-order-doctrine due-process fraud-on-court pre-trial-appeal right-not-to-be-tried
Key Terms:
Immigration
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether an appeal of a collateral order based on a defendant's right not to be tried is reviewable under the Collateral Order Doctrine

Question Presented (OCR Extract)

QUESTIONS PRESENTED 11S AN APPEAL OF A COLLATERAL ORDER THAT IS BASED ON DEFENDANT'S RIGHT NOT TO BE TRIED IS REVIEWABLE UNDER THE COLLATERAL ORDER DOCTRINE, PURSUANT TO U.S. SUPREME COURT'S AUTHORITY: "Flanagan, supra, at 265-267, 104 S. Ct. 1051, 79 L. Ed. 2d 288?" 2: CAN A DEFENDANT TAKE. AN IMMEDIATE APPEAL FROM THE DENIAL OF A PRE-TRIAL MOTION WHEN THE RIGHT AT ISSUE IS PROPERLY UNDERSTOOD TO BE A RIGHT NOT TO BE TRIED, PURSUANT TO U.S. SUPREME COURT'S AUTHORITY: “Abney v. United States, 431 U.S. 651, 662, 97 S. Ct. 2034, 52 L. Ed. 2d 651 (1977)?" _ 3 IF THE DEFENDANT'S CLAIMS ARE "FRAUD ON THE COURT AND PROCEDURAL DUE PROCESS VIOLATION,” CAN HE REASONABLY CLAIM A RIGHT NOT TO STAND TRIAL, PURSUANT TO: "Cauwenberghe v. Biard, 486 U.S. 517, 524, 108 S. Ct. 1945, 100 L. Ed. 2d 517 (1988)?" : | s oo, TABLE OF CONTENT : BAGS) OPINIONS BELOW 1 JURISDICTION 2 CONSTITUTIONAL AND STATORY PROVISIONS INVOLVED 3

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-24
Waiver of right of respondent United States to respond filed.
2024-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2024)

Attorneys

Pierre Marc
Pierre C. Marc — Petitioner
Pierre C. Marc — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent