No. 18-7121

Donald Higgs, aka Kyle Beachum v. New Jersey

Lower Court: New Jersey
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process grand-jury habeas-corpus prosecutorial-misconduct standing statutory-elements
Key Terms:
DueProcess FourthAmendment FifthAmendment HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (from Petition)

was states failure to subpoena victim to grand jury for first hand knowledge,but relied on known fabricated police reports and testimony of officer improper, requiring dismissal of indictment?

Did States failure to recite required Statuttory Elements when having presented charges to grand jury violate grand jury proceedings?

Should trial Court had dismissed indictment after viewing video footage that established Petitioners innocence?

Should trial Court had dismissed indictment after victims own testimony at trial that suspect looked like juror number nine?

Should trial Court had recused itself after having been named a defendant in a Civil Action filed?

Should District Court had dismissed defendant's prosecutor,both public defenders and trial judge amid magistrate judges acknowledgement of illegal arrest and prosecutorial misconduct?

Was termination of Application for Emergency Relief erroneous with good cause shown and on the merits?

was the district courts denial of habeas Corpus and denial of cert. of appealability in violation of clearly established laws?

is the Courts failure to file Motions and letter brief citingthe Petitioners entitlement to relief and release a violation of rights under the Constitution?

Is the appellate courts affirmance of conviction a violation of clearly established laws?

Question Presented (AI Summary)

Whether the state's failure to subpoena the victim to the grand jury and instead rely on fabricated police reports and officer testimony violated the petitioner's rights

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent State of New Jersey to respond filed.
2018-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

Donald Higgs
Donald Higgs — Petitioner
State of New Jersey
Frank MuroskiNew Jersey Division of Criminal Justice, Respondent