No. 19-8527

Rodney Douglas Eaves v. Colorado Department of Corrections, et al.

Lower Court: Tenth Circuit
Docketed: 2020-05-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (from Petition)

1.) Whether the Fifth Amendment is violated when an unverified Complaint and
Information is used in lieu of a probable cause hearing.

2.) Whether a court can force a defendant to choose between two Constitutional
rights and is such a choice an express waiver.

3.) Whether the Fourteenth Amendment is violated when lower courts
recharacterize a pro se litigant's claim.

4.) Whether the Fourth Amendment is violated if a court ignores the right to
be free from false statements in an affidavit of probable cause.

5.) Whether the U.S. Supreme Court should set a new precedent requiring a
distinction between failures to preserve from destruction evidence
whose inculpatory or exculpatory character is unknown, and failures to
to turn such evidence over to the defense upon request.

Question Presented (AI Summary)

Whether the Fifth Amendment is violated when an unverified Complaint and Information is used in lieu of a probable cause hearing

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-11
Waiver of right of respondent Colorado Department of Corrections, et al. to respond filed.
2020-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2020)

Attorneys

Colorado Department of Corrections, et al.
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Rodney Douglas Eaves
Rodney Eaves — Petitioner