No. 18-5820

Augustus Hebrew Evans, Jr. v. Delaware

Lower Court: Delaware
Docketed: 2018-08-29
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: ' 'civil-rights" ' 'due-process" ' 'freedom-of-information" ' 'public-records" ' 'standing" ' 'state-government' civil-procedure due-process jurisdiction patent standing takings
Key Terms:
SocialSecurity Securities
Latest Conference: 2018-11-02 (distributed 2 times)
Question Presented (from Petition)

Whether dismissal of an meritorious criminal action one because petitioner poverty makes it impossible to pay filing fees is constitutional permissible under 88 U.S.C. § 1915.

Whether denial petitioner and class defendants of substantial rights designed to protect against unlawful conviction and sentence violates ex post facto clause of the constitution.

Whether the retroactive enactment and retroactive application of amended criminal procedure rule gave affected class defendants contemplate filing under prior version of guidelines "miscarriage of justice exception"?

Whether the June 4, 2001 amendment to criminal rule 61 fails U.S.C. an "interest of new power in union liberty of conditional and sentence of affected mass defendants under prior version of rule"?

Question Presented (AI Summary)

Whether the State of Delaware violated the petitioner's constitutional rights by denying his request for public records under the Freedom of Information Act (FOIA)

Docket Entries

2018-11-05
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2018-10-17
Motion DISTRIBUTED for Conference of 11/2/2018.
2018-10-04
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2018-10-01
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-31
Waiver of right of respondent Delaware to respond filed.
2018-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Augustus H. Evans
Augustus Hebrew Evans Jr. — Petitioner
Delaware
Elizabeth Roberts McFarlanDepartment of Justice, Respondent