John Patrick Fletcher v. Bryan Coleman, Warden
Whether law enforcement can use judicial acts to further an illegal seizure and whether courts possess subject matter jurisdiction over such acts
After law enforcement has illegally seized a person from his home —without a warrant or a recognized exception to the Warrant Clause —and consequently, met all of the pleading elements of the state ’s kidnapping statute: 1. May law enforcement use judicial acts and processes to further their illegal seizure of a person without furthering their own illegal conduct? 2. Do courts possess subject matter jurisdiction over the acts and processes so used, in particular, ex post facto acts and processes? 3. May courts pass on an explicit challenge their subject matter jurisdiction to act? Page ii of vi PRELIMINARY INFORMATION A. List of All Parties All parties do not appear in the caption to the case on the cover page. A list of all