No. 18-7375

Wayne Nicolaison v. County of Hennepin, Minnesota

Lower Court: Eighth Circuit
Docketed: 2019-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-commitment civil-rights clear-and-convincing-evidence constitutional-violation due-process foucha-standard foucha-v-louisiana indefinite-commitment presumption-of-innocence section-1983
Latest Conference: 2019-02-15
Question Presented (from Petition)

Is the "Petitioner" entitled to [a] defense of [the] "presumption of innocence" upon a State's assertion of "future dangerous behavior" by purely mere "speculation" a violation of the 5th and 14th Amendment[s] of Due Process, and the standard of "clear and convincing evidence", to maintain an "indefinite civil commitment", fundamentally violate this Court's opinion developed under Foucha v Louisiana 504 US 71 (1992)?

Question Presented (AI Summary)

Is the 'Petitioner' entitled to [a] defense of [the] 'presumption of innocence' upon a State's assertion of 'future dangerous behavior' by purely mere 'speculation' a violation of the 5th and 14th Amendment[s] of Due Process, and the standard of 'clear and convincing evidence', to maintain an 'indefinite civil commitment', fundamentally violate this Court's opinion developed under Foucha v Louisiana 504 US 71 (1992)?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Waiver of right of respondent County of Hennepin, Minnesota to respond filed.
2018-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2019)

Attorneys

County of Hennepin, Minnesota
John L. KirwinHennepin County Attorney's Office, Respondent
Wayne Nicolaison
Wayne Nicolaison — Petitioner