No. 18-5265
IFP
Tags: consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard
Key Terms:
DueProcess CriminalProcedure
DueProcess CriminalProcedure
Latest Conference:
2018-09-24
Question Presented (from Petition)
1. SHOULD THE STATE BE PERMITTED TO ISSUE TRUE BILL MISREPRESENTATION OF THE CHARGING INSTRUMENT FOR ALL CRIMINAL MATTERS PERTAINING TO INDIGENT DEFENDANTS?
2. SHOULD THE STATE BE PERMITTED TO SYSTEMICALLY WAIVE PROBABLE CAUSE DETERMINATION HEARINGS WITHOUT VERBAL AND/OR WRITTEN CONSENT BY RELYING ON TRUE BILL OF INDICTMENTS THAT MEET THE CLEARLY ERRONEOUS STANDARD
Question Presented (AI Summary)
Whether the state can rely on true bill of indictments that meet the clearly erroneous standard without verbal and/or written consent of indigent defendants
Docket Entries
2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-05-29
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2018)
Attorneys
Brandon Lee
Brandon Lee — Petitioner