FourthAmendment HabeasCorpus CriminalProcedure JusticiabilityDoctri
QUESTION (1)
Where a Court Of Appeals fails or refuses to comply with BLACK
LETTER LAW--28 U.S.C. §2253—which is a statute that was duly enacted
by Congres, and Stare Decisis of the United States Supreme Court's
holding--"Until a C.O.A. has been issued federal courts of appeals
LACK jurisdiction to rule on the merits of appeals from habeas
Petitioner 's."--Does that Court of Appeals abuse its discretion in
issuing a decision based on the merits of a C.O.A. Application and
can the Petitioner seek the protection of this Supreme Court in its
supervisory capacity from arbitrary, capricious and unlawful actions
of the Appeals Court where the Petitioner has NO other remedy of
law, and no other means of protection or redress in any other Court,
where the Petitioner can show the deprivation of a Constitutional
Right by and/or in the lower Court(s)?
QUESTION (2)
When a federal Magistrate Judge has failed to or opted not to,
comply with BLACK LETTER LAW, that was duly enacted by Congress, the
Fourth Amendment of the United States Constitution s, Particularity
Clause, as well as Stare Decisis of the United States Supreme
Court, and Law Of The Circuit doctrine, does that userpation of
positive law's control on the authority and subject-matter
jurisdiction:
a) Render the Federal Magistrate Judge's actions ultra vires?
b) Rise to the level of abuse of discretion by the Federal
Magistrate Judge?
c) Render the Court in which the Federal Magistrate Judge
engaged in the unlawful actions, coram non judice?
Further, when the Court is rendered coram non judice, can a
Federal Magistrate judge authorize subsequent actions in furtherance
of a Defendant's criminal proceedings in an attempt to cure the
District Court's/Magistrate Judge's unlawful and unconstitutional
actions, and can the District Judge assume Subject-Matter jurisdic
tion where the Federal Magistrate Judge in the same Court has
rendered the Court coram non judice, and can the Petitioner seek
the protection of this United States Supreme Court in it's super
visory capcity from the arbitrary, capricious and unlawful decisions
of the lower Courts where the Petitioner has no other remedies of
law and no other means of protection or redress in any other court?
Whether a Court of Appeals can issue a merits decision without a Certificate of Appealability (COA) in violation of 28 U.S.C. §2253 and Supreme Court precedent, and whether a petitioner can seek Supreme Court protection from arbitrary lower court actions