DueProcess Takings FirstAmendment HabeasCorpus Securities Privacy
Whether the Seventh Circuit Court of Appeals erred by affirming federal convictions for non-criminal conduct and denying an evidentiary hearing when newly discovered evidence proves actual innocence
QUESTIONS PRESENTED 1, Whether the Seventh Circuit Court of Appeals, in violation of Supreme Court precedents! erred by affirming federal convictions for non-criminal conduct and by denying an evidentiary hearing when unimpeachable, exonerating, newly discovered evidence proves “actual innocence.” 2. When an actually innocent person is federally convicted of non-criminal conduct, is there no post-conviction remedy when the Seventh Circuit Court of Appeals ignores or misinterprets multiple controlling Supreme Court precedents (See footnote 1) that would otherwise mandate vacating the wrongful convictions? 1 Ex Parte Bain, 121 US. 1 (1887) lack of subject matter jurisdiction; Williams v United States 327 U.S. 711, 717-718, 90.L.Ed. 962 (1946) : -improper “borrowing” of state law to rescue an otherwise failed federal criminal prosecution; Calder v Bull 1 L.Ed. 648, 3 Dall 386, 390 (1798), et al. . -Ex Post Facto Clause (Art. I, Sec. 9, Cl. 3) violation; Ashcroft v Free Speech Coalition 535 U.S. 234 (2002), et al. Free Speech Clause (First Amendment) violation; Andrus v Allard, 444 U.S. 51, 55, 62 L_Ed.2d 210, 2216 (1979), et al. Due Process “Takings” Clause (Fifth Amendment) violation; Adoptive Couple v Baby Girl, 570 U.S. 637, 186 L.Ed.2d 729, 759 (2013) Due Process “Fair Notice” Clause (Fifth Amendment) violation; Mooney v. Holohan, 294 U.S. 103, 112, 55 S.Ct. 340, 79 L.Ed. 791 (1935) -Due Process “Fair Trial” Clause (Fifth Amendment) violation; and Village of Willowbrook v Olech 528 U.S. 562, 564, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000)-Fourteenth Amendment “Equal Protection” Clause violation. 2