No. 18-7248

Vertis Anthony v. Louis Boyd, Warden, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-jurisdiction civil-procedure constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment judicial-bias jurisdiction probable-cause rules-of-civil-procedure standing subject-matter-jurisdiction warrantless-search
Latest Conference: 2019-03-15
Question Presented (from Petition)

Is a trial by jury a necessary right of the litigant in any civil matter before a federal Court where the legal conclusion remains unresolved when both legal and Equitable causes of actions is in dispute?

(2) Can a decree "pro confesso" be rendered against a defendant who has not been Served with process?

(3) Whether if a proceeding before a judge for oral examination upon deposition [], without notice to defendant, based on previous decree pro confesso, violated right?

(4) Failure to give notice by demurrer to avoid Amendment to bill and where ruling on demurrer deprived defendant of his rights to original bill?

(5) Whether if one year bar applies where no connection between the proceeding before the Magistrate and the proceeding in the Circuit court took the prosecution out of the Statute of limitations, does the bar remain in legal effect?

(6) Whether if an offense is one within the final jurisdiction of a Magistrate, the prosecution is required to be commenced within 60 days next after the commission of the offense was violated in the charging document, does it have legal effect.

(7) Whether if trial Court made erroneous judgment upon a motion for directed verdict based on prior prosecution?

(8) Whether if nonfatal shootings have grounds for Assault I and or Attempted Murder depending on the corporeal harms involved?

(9) Whether if Alabama law designated Attempts graded at one level below that for the substantive crime?

(10) Whether if Legislature has Manifested a Clear intent applicable in consummated Murder?

(11) Whether if a case filed in the Circuit Court within the jurisdiction of a district court, is the court filed to exclusive jurisdiction?

(12) Whether if after trial can the Circuit Court Choose to retain Original jurisdiction and refuse to invoke its appellate jurisdiction to secure holdings upon Criminal Court?

(13) Matters of Controversy that does not exceed $6,000 and Where the restitution of the MTT $45,138.00 to a total of $5,508 gave jurisdiction of the case?

(14) Whether if when the District Court instead of invoking its appellate jurisdiction to the Court of Appeals that ruled upon the merit in jurisdictional controversy and then dismissed the case, was the controversy without jurisdictional limits?

(15) Whether if the District Court is a Court of record; preparation, Maintenance, etc., was jurisdiction invoked, it was required to be based upon facts before it?

(16) Whether if in controversy less than $6,000 upon having opportunity of its appellate jurisdictions invoked, was required to establish notice of Appeal ensuring adequate records and ensuring constitutive questions of law to be answered on?

(17) Whether if the Circuit Court exclusive jurisdiction is exercised over all cases above $10,000?

(18) Whether upon invoking the District Court appellate jurisdiction duties required as Stipulated in §12-12-22; via, bill of Complaint, demurrer and also but not limited to "Decree pro confesso" per Rule 8(c) Modernize Terminology?

(19) Whether if Appeals must be dismissed, Manner prescribed by statute or Supreme Court rule?

(20) Whether if filing Complaint in all proceedings, elected to avoid a bar of either invoking his 5th Amendment privilege in the civil?

(21) Whether if the amount in controversy is determined by the amount ordered by the lower Court Pursuant to ITT v. Alabama, 468 So.2d 156 (Ala. 1985)?

(22) Whether if the amount in controversy determined by the amount asked for in Complaint; in terms of properly

Question Presented (AI Summary)

Whether the U.S. Court of Appeals for the Eleventh Circuit erred in its rulings on the jurisdictional issues raised in the petition

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-04-11
Petition for Rehearing filed.
2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-20
Application (18A833) denied by Justice Thomas.
2019-02-05
Application (18A833) for bail, submitted to Justice Thomas.
2019-02-05
Waiver of right of respondents Louis Boyd, Warden, et al. to respond filed.
2018-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Louis Boyd, Warden, et al.
Yvonne A. H. SaxonOffice of the Attorney General, State of Alabama, Respondent
Vertis Anthony
Vertis Anthony — Petitioner