No. 18-8733

Russell T. McElvain v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-04-10
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure double-jeopardy due-process equal-protection federalism self-incrimination statutory-interpretation
Latest Conference: 2019-06-06
Question Presented (from Petition)

I. Can a state enact a statute that combines the use of older, established
statates as the ways and means to commit the new statutes crimne,
thereby eliminating all of the elements required to prove the crime
committed by the original older established statute?

2. Is a police interrogation usmg a promise of "no more trouble and no more
charges, if thedefendant tells the detective the location of evibdence" and
using questionable coersive measures to get a confession, a violation of the
defendant's Fifth Amendment right against self-incrimination?

3, Does a court, by giving a victims sworn testimony at trial the same
crederice as an outery witness' testimony, who offers a different story,
wiolate the right to a fair trial?

4. Petitioner received ineffective assistance of counsel For multiple reasons
(see A-E)any of which violated his Sixth Amendment right to counsel
and his Fifth Amendment Due Process right.

5. Child pornography or artistic photography?
Is today's lewd tomorrows
did God's design plan it to be a means of feeding an infant? Are
sexually related laws sexually discriminatory?

Question Presented (AI Summary)

Can a state enact a statute that combines the use of older, established statutes as the ways and means to commit the new statutes crime, merely eroding all of the elements required to prove the crime committed by the original older established statute?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)

Attorneys

Russell T. McElvain
Russell T. McElvain — Petitioner