No. 18-5142

Robert Jay Heximer v. Michigan

Lower Court: Michigan
Docketed: 2018-07-05
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment civil-rights constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule due-process exclusionary-rule fourth-amendment illegal-detention jurisdiction probable-cause standing subject-matter-jurisdiction
Latest Conference: 2018-09-24
Question Presented (from Petition)

WHETHER THE EVIDENCE ACQUIRED DURING MR. HEXIMER'S ILLEGAL DETENTION IS/WAS INADMISSIBLE UNDER CLEARLY-ESTABLISHED LAW

WHETHER THE 53RD DISTRICT MAGISTRATE HAD ABSOLUTELY NO ADMISSIBLE EVIDENCE, FACTS OR TESTIMONY -- LET ALONE A COMPETENT WITNESS -BEFORE HIM TO: (A) CONFER JURISDICTION: (B) ESTABLISH THE REQUIRED • FOURTH AMENDMENT FINDING OF PROBABLE CAUSE TO CHARGE ANY CRIME(S): OR (C) ISSUE CRIMINAL PROCESS AGAINST MR. HEXIMER ?

WHETHER THE 53RD DISTRICT JUDGE HAD ABSOLUTELY NO ADMISSIBLE EVIDENCE, FACTS OR TESTIMONY AT THE PRELIMINARY EXAMINATION LET ALONE JURISDICTION -- TO FIND PROBABLE CAUSE THAT A CRIME WAS COMMITTED UNDER MCL § 750-157B2 OR THAT MR. HEXIMER HAD COMMITTED ANY CRIME(S) -- TO BIND THE MATTER OVER TO THE CIRCUIT COURT ?

WHETHER A CONVICTION PRONOUNCED BY THE 44TH CIRCUIT COURT WITHOUT ANY ADMISSIBLE EVIDENCE, FACTS OR TESTIMONY -- AND WE WANT OF PERSONAN & SUBJECT-MATTER JURISDICTION - IS UNCONSTITUTIONAL 7

WHETHER THE PROSECUTOR COMMITTED FRAUD UPON THE COURTS, MR. HEXIMER AND PUBLIC -- WHERE THERE WAS ABSOLUTELY NO ADMISSIBLE EVIDENCE, FACTS OR TESTIMONY -- LET ALONE JURISDICTION - TO PURSUE THE SOLICITATION CHARGE AGAINST MR HEXIMER (A DISABLED VETERAN) DUE TO HIS ILLEGAL DETENTION 7

WHETHER THE PLAINTIFF'S FAILURE TO ANSWER OR MEET ITS BURDEN OF DEMONSTRATING SUBJECT-MATTER JURISDICTION IN ANY OF THE MICHIGAN COURTS (44Th CIRCUIT, COURT OF APPEALS, SUPREME COURT) CONSTITUTES FORFEITURE AND/OR WAIVER?

Question Presented (AI Summary)

Whether the evidence acquired during Mr. Heximer's illegal detention is inadmissible under clearly-established law

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2017-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Robert Heximer
Robert Heximer — Petitioner