No. 19-8304

Timothy J. McVay v. Illinois

Lower Court: Illinois
Docketed: 2020-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actus-reus burden-of-proof civil-rights constitutional-rights criminal-procedure due-process first-degree-murder mens-rea presumption-of-innocence
Latest Conference: 2020-05-28
Question Presented (from Petition)

Whether a bench trial conviction of first degree murder by H.U.M Matrix(Homicide by Unspecified Means) can be upheld without benefit of: an eyewitness, a confession, a cause of death, a crime scene, or any meaningful physical evidence; where the conviction rests solely on a judge's "reasonable inferences" which were; extensively documented on the record, as: inconsistent with the evidence presented at trial, beyond the scope of testimony and cross examination of prosecution's witnesses, and contradicted by the judge's deliberate statements admitting to the lack of physical evidence requiring speculation as to the "act" resulting in death, finally followed by proffering his own theory of the crime never presented by the states expert medical examiner?

The decision in this case was divided upon appeal specifically on the issue of intent (a prosecution's mandated burden of proof) a key component in state and federal first degree murder statutes; wherein this conviction, fundamentally violates U.S. Constitutional authority of Amendments VI and XIV to prove a defendant's actus reus and mens rea(VI- nature and cause of accusation) and deprivation of guaranteed rights (XIV- due process and equal protection of laws) as established by procedural rules and presumed innocence doctrine.

Whether a structurally deficient search warrant for a private residence can rightfully issue containing no alleged specific offense(def: a violation of law, i.e. a crime) where; instead being used as, an instrument to conduct a fishing expedition against a citizen -not mirandized or in custody- who willingly co operates with police regarding an adult "missing person" complaint; which is not, by accepted investigative standards, a committable criminal offense; therefore not sufficient for an affiant to show probable cause?

By U.S. Constitutional authority of Amendment IV, protection from unreasonable search and seizure is of paramount importance especially when a warrant is unstably supported by: false statements of the affiant, contradiction between law enforcement agencies and court jurisdictions involved, and intentionally omits relevant information, voluntarily provided by the targeted citizen, to police and family of the missing person.

Question Presented (AI Summary)

Whether a bench trial conviction of first degree murder can be upheld without evidence

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-11
Waiver of right of respondent Illinois to respond filed.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2020)

Attorneys

Illinois
Michael Marc Glick — Respondent
Timothy J. McVay
Timothy J. McVay — Petitioner