No. 19-7841

In Re Elloyd Johnson

Lower Court: N/A
Docketed: 2020-03-02
Status: Denied
Type: IFP
IFP
Tags: certiorari-denial conviction court-jurisdiction due-process habeas-corpus judicial-assignment judicial-misconduct judicial-oath judicial-review jurisdiction oath-of-office sentence
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-05-01
Question Presented (from Petition)

(1)
When a judicial officer clearly preside over a conviction and sentence
WITHOUT BEING ASSIGNED OR HAVE TAKEN OATH OF OFFICE AND
RECEIVED LEGAL FORMS TO ACT AS A SINGLE JURIST OR OTHER
JUDGE, DO THE
CONVICTION AND SENTENCE STANDS AFFIRMED AS CLOSED WITH NO FURTHER
FORM OF CONSIDERATION BY THIS COURT?

(II)
WHEN CLAIM OF MISCONDUCT BY A SINGLE JURIST OR JUDICIAL OFFICER IS
Presented to the court under certiorari and certiorari is denied
REHEARING IS DENIED, IS IT IMPOSSIBLE TO MOVE FOR CONSIDERATION
FOR RELIEF IN THIS COURT WHEN NO OTHER COURT CAN GRANT RELIEF SOUGHT,
UNDER IMMEDIATE RELEASE OR REMAND TO THE LOWER COURT?

(III)
IS THIS COURT DISCRETIONARY POWER UNDER 28 U.S.C. § 1651(A) JURISDICTIONAL
THAT ESTABLISHED BY CONGRESS IS THE ONLY COURT AT THE APPELLATE STAGE
TO GRANT RELIEF SOUGHT ON A MODIFIED RELEASE PERSPECTIVE?

(IV)
DO THIS COURT DISCRETIONARY POWER UNDER 28 U.S.C. § 1651(A) JURISDICTIONAL
AFTER TWENTY YEARS OF INCARCERATION UNDER
DECISION VOID CONVICTION AND SENTENCE
DO THIS COURT HOLD EXCLUSIVE
IMMEDIATE RELEASE IN HABEAS FACTUAL AS A STATE
UNDER STATE AND FEDERAL LAW
JURISDICTION TO GRANT RELIEF SOUGHT FOR?

Question Presented (AI Summary)

Whether a conviction and sentence stand affirmed as closed with no further form of consideration by the court when a judicial officer clearly presided over the conviction and sentence without being assigned or having taken the oath of office and other required legal forms to act as a judge

Docket Entries

2020-08-24
Rehearing DENIED.
2020-07-30
DISTRIBUTED.
2020-05-25
Petition for Rehearing filed.
2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2019-11-05
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2020)

Attorneys

Elloyd Johnson
Elloyd Johnson — Petitioner