No. 25-6030

Terry Lee Miksell v. United States

Lower Court: Eighth Circuit
Docketed: 2025-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process evidence-sufficiency ineffective-assistance interstate-commerce jurisdiction sixth-amendment
Key Terms:
DueProcess Privacy
Latest Conference: 2025-12-05
Question Presented (from Petition)

1. It is asked of this High Court as to whether the District
Court had jurisdiction under Gozales v Raich , 545 US 1 (2005)
to prosecute this case, which occurred entirely within the
borders of one state, just because the cell phone was
manufactured elsewhere?

2. Was _the finding of the evidence being sufficient to support
the Petitioner's conviction when trial counsel neither moved
to suppress nor to expand the record to include all electronic
messages sent and received by the Petitioner and victim?

3. Was the finding of the evidence was sufficient and fair when
counsel failed to depose witnesses or victim, inhibiting a
full and fair defense and Due Process under the Sixth Amendment
of the United States?

4. Does the Eighth Circuit precedent bar ineffective assistance
of counsel claims against trial attorney in the direct appeal
violate the Supreme Court decision under Garza, Jr. v Idaho,

Question Presented (AI Summary)

Whether the District Court had jurisdiction under Gonzales v. Raich to prosecute a case occurring entirely within one state due to out-of-state cell phone manufacturing

Docket Entries

2025-12-08
Petition DENIED.
2025-11-19
DISTRIBUTED for Conference of 12/5/2025.
2025-11-12
Waiver of right of respondent United States to respond filed.
2023-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2025)

Attorneys

Terry Lee Miksell
Terry Lee Miksell — Petitioner
United States
D. John SauerSolicitor General, Respondent