No. 25-6585

Patrick Killen, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2026-01-14
Status: Pending
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process evidence-tampering prosecution-misconduct self-incrimination speedy-trial
Key Terms:
AdministrativeLaw DueProcess CriminalProcedure Privacy
Latest Conference: 2026-02-20
Question Presented (from Petition)

1. Whether the prosecution can use an arbitrary and fictitious list of 442 unknown
individuals during sentencing all of whom never testified during trial nor testified
during sentencing when the superseding indictment listed three (3) charged
victims. See, Andrew vs. White, 604 US 86 (2025).

2. Whether the prosecution can arbitrarily deny a defendant the constitutional right
to confront the three (3) witnesses against him. See, Hemphill vs. New York, 595
US 140 (2022).

3. Whether the prosecution can call a defendant to the stand during trial to testify
against himself violating the Fifth Constitutional Provision against self
incrimination.

4. Whether an indictment can be filed 49 days after arrest and a defendant who had
never before been in trouble with the law be held in pre-trial detention without
bond for 122 days prior to a federal criminal trial when there was a warrantless
arrest and defendant pled not guilty. See, The Speedy TrialActofl974.

5. Whether a coerced confession can be used after the FBI repeatedly told a 20-year old
defendant without counsel he would not be arrested. See, United States vs. Lail, 607
F.3d 1277, 1284 (11th Cir. 2010).

6. Whether the prosecution can use contents of falsified documents that were
"created " by the FBI in an attempt to build a case around a coerced confession.
See, Pope v. Fed. Express Corp. (974 F.2d 982, 8th Cir. 1992).

7. Whether illegally seized electronic equipment can be used at trial. See, Mapp vs.
Ohio, 347 US 643 (1961) and Fruit of the Poisonous Tree Doctrine.

Question Presented (AI Summary)

Whether the prosecution can use an arbitrary list of 442 unknown individuals during sentencing, deny a defendant's constitutional right to confront witnesses, call a defendant to testify against himself, file an indictment 49 days after arrest, use a coerced confession, use falsified FBI documents, and use illegally seized electronic equipment

Docket Entries

2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2026-01-22
Waiver of United States of right to respond submitted.
2026-01-22
Waiver of right of respondent United States to respond filed.
2025-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2026)

Attorneys

Patrick Killen, Jr.
Patrick Killen Jr. — Petitioner
United States
D. John SauerSolicitor General, Respondent