No. 19-5902

Sharvelt Mister v. Wendy Kelley, Director, Arkansas Department of Correction

Lower Court: Arkansas
Docketed: 2019-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-suppression judicial-hearing judicial-process jurisdiction procedural-fairness standing supremacy-clause
Latest Conference: 2019-11-08
Question Presented (from Petition)

D IF A pOLCEMAN ARRESt A SUSpECT, WiPhOUT A WARRANT, takES
you off, put you in jail, wilhout A mitgistentE ApprouAl, thEN you're
FOOKEN tO A PIEST APPEARANCE WILhIN (U8) NOURS, THEN YOU'RE BOUNd OVER
fOR tRiAL DR fuRlhER pROCEEDiNg'S. AthOUah, thERS hAS NOT bOen
ANY SWDeN EvidENCE pRESENEd tO thE judiCiAl offICER to suppORt
tHE filiNg of thE CRIMiNAl COMplAINt thAt's NOW boiNg ENfOREEd
AGHINST YOU tOOKEN yPONSUiORN OAth OR AfLRMAHION. DOLS thNs
viclAte A ciTZEN's boRN iN thE U.S. coNStitutioNAl Right's, thnt ARE
CouRt's subjEct matten junisdictioN H
tO ENFORCE AN jURISNICTiON?

2)I A judicial officER PAils to preSorm thEin judicial Fuwction
of thEiN SWCRN DAth oF ofFICE, iN A ViDlATiNCE MANNEA AGAiNSt tHE
FEdERAl CONStiTuiON. CAN thE offLER cOME iNTO coNRcT With thE
supbrie AuloRity of thE Costitution, diolating thE Supeime Itw of
WHE lANd, WithOUt WngiNng WAR AGAiNst thE U.S.CoNSt. oR CoMMENting
THE MOt of HREMSON?

3) I A pERON is dEAiNEd, tRiEd, MION CONVICEd ANd tHERE
WAS NEVER A (4)hOUR'S dEHERMiNATiN Of pROBALE CAUSE, A ADUEESA/
OR NON-ACUERSIAL NEARINS AND NO WARRANT WAS NEVER ISSUEL. CAN THE
juDGMENT bE RENdEREd VAlId, if thE pROpER fANCHONS WAS NOT
PREPORMEd tO ENfORCE ANY AUtHORitY?

in If thE SupREmAcy ClausE of Antiele M of thE U.S.CoNST.
iS AtE E N of ju R ENA?

S)CAN A SUdICiAl BRANCh of thE gOVOEMENt ENCROMCh UPON
a Cowstitutional duly of ANother depARtment of WhE govErmENt?

Question Presented (AI Summary)

Whether the actions taken by law enforcement, including arrest and detention without a judicial determination of probable cause, violate the petitioner's constitutional rights

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-14
Waiver of right of respondent Wendy Kelley, Dir., AR DOC, et al. to respond filed.
2019-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)

Attorneys

Sharvelt Mister
Sharvelt Mister — Petitioner
Wendy Kelley, Dir., AR DOC, et al.
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent