No. 24-5954

In Re Tony Gooch

Lower Court: N/A
Docketed: 2024-11-12
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process effective-assistance-of-counsel monell-liability section-1983 writ-of-mandamus
Key Terms:
AdministrativeLaw SocialSecurity FourthAmendment DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-01-17
Question Presented (AI Summary)

Whether a local government can be held liable under 42 U.S.C.S. 1983 for implementing unconstitutional policies that violate a defendant's constitutional rights, and whether a defendant can appeal a 1983 Civil Suit judgment by Writ of Mandamus when no other adequate remedy exists

Question Presented (OCR Extract)

QUESTIONS PRESENTED” I. “Whether a local government or Municipal Corporation could be held liable under 42 U.S.C.S. 1983, or held responsible under Monell Liability, for implementing unconstitutional policies that violate a defendant's constitutional rights”? Il, “When a defendant is denied or barred from presenting their 6" Amendment right to effective assistance of counsel by the State Court of Criminal Appeal and State Supreme Court, does that Appellate procedure amounts to inadequacy to protect the defendant's constitutional rights”? Il. “Whether a defendant can appeal the judgment of a 1983 Civil Suit in the United States Supreme Court by Writ of Mandamus, if there is no other adequate or speedy remedy for challenging the judgment in State and Federal Court? IV. Whether in the history of our Federal Constitution, Can a convicted defendant be allowed on bail (pending) appeal within the meaning of Title 18 U.S.C, 3143(b)(1)? and if so, whether Hankins v. State, 512 S.W. 2d 591 (Tenn. Crim. App. 1974) should be overruled, when it conflicts with Federal Law? Original Filed Date 07/29/24 Page 2 of 41 “United States Supreme Court Review/Oral Argument Request” “

Docket Entries

2025-01-21
Petition DENIED.
2025-01-02
DISTRIBUTED for Conference of 1/17/2025.
2024-11-01
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2024)

Attorneys

Tony Gooch
Tony Gooch — Petitioner
Tony Gooch — Petitioner