No. 18-5579

In Re Brent Cole

Lower Court: N/A
Docketed: 2018-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: common-law common-law-right constitutional-rights due-process first-amendment justice petition-clause right-to-counsel sixth-amendment standing
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Is a court's refusal to allow an accused person any opportunity to be heard by themself and counsel a substantive violation of due process, common law right, Sixth Amendment, justice, and/or the First Amendment right to petition the government for redress? Supra, pp. 5&6.

2. Is the "right to be heard by himself and counsel", or "invested with a right which he is always free to assert", an inherent common law right affirmed by 1 Stat. 92, ch.xx, §35 and embodied within the Sixth Amendment to the Constitution of the United States? Supra p. 5, Valdez v United States, 244 US 432,453, 61 LED 1242 (1917).

3. Is the imposition of counsel to "represent" violative of the Constitutional right to the "Assistance of Counsel"? Supra, p.7, par.2.

4. Is the refusal of a court to allow an accused to dispense with counsel violative of "considerations that go to the substance of an accused's position befor the law"? Adams v United States, 317 US 269, 279 (1943).

5. Is essential fairness lacking, or the ability to put one's case in court effectively, impaired by refusal to permit the accused to be heard? If so, is the court enjoined "by the law"? Supra, p.5, Dynes v Hoover, 20 How 65, 80, 81, 15 LED 838; Wellness Int'1 Network, Ltd. v Sharrif, 191 L Ed 2d 911, 935 (2015).

6. Is failure/refusal by a court to consider a non-disruptive party's pleading a usurpation of power or violation of Oath or Duty?

7. Does refusal to allow a party to manage or plead their own cause violate their right to opportunity to defend or statute (1 Stat. 92 ch. 20, §35)?

8. Does the privilege of presence include the right to be heard?

Question Presented (AI Summary)

Is a court's refusal to allow an accused person any opportunity to be heard by themself and counsel a substantive violation of due-process, common-law-right, sixth-amendment, justice, first-amendment

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent United States to respond filed.
2018-02-21
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

Brent Cole
Brent D. Cole — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent