No. 20-1404

Kenyon J. Garrett v. United States

Lower Court: Fifth Circuit
Docketed: 2021-04-07
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights constitutional-rights cumulative-error-doctrine due-process federal-rules-civil-procedure fraud misconduct witness-tampering
Key Terms:
DueProcess FourthAmendment Privacy
Latest Conference: 2021-05-27
Question Presented (from Petition)

1. Whether the Respondent/Defendant can use direct evidence of threats, intimidation, coercion, fraud, and witness tampering to deprive a petitioner of his 5th and 14th Amendments rights of due process and the fundamental fairness to present my case fully and fairly. The Fifth Circuit's opinion in this legal matter conflicts with another circuit's opinion regarding the allowance of fraud and misconduct (obstruction, coercion) in a civil proceeding that requires this Court's intervention. Does direct, clear and convincing evidence of the Respondent/Defendant egregious misconduct requires relief under F.R.C.P 60 (b) (3) (6)?

2. Whether a Pro Se Petitioner Seventh Amendment right to a jury trial can be denied by the lower Courts in a civil proceeding, when the disputed amount is greater than twenty dollars ($20.00), and the jury trial was requested by the petitioner in writing in the Original Complaint under F.R.C.P 38?

3. Whether the lower Courts committed reversible error and violation of petitioner's Constitutional rights to present relevant, non-cumulative, evidence under F.R.C.P 60 (b) (2) (6); were the Respondents/Defendant's clients has admitted to guilt and guilt of a third party?

4. Whether cumulative-error doctrine applies to Civil Proceeding. There is circuit split regarding cumulative error applicability in civil cases which requires this Court supervisory power. Do cumulative-errors that deprive a petitioner of their Constitutional rights of fundamental fairness to present my case fully and fairly in Civil Proceeding require relief under F.R.C.P 60 (b)?

Question Presented (AI Summary)

Whether the government can use direct evidence of threats, intimidation, coercion, fraud, and witness tampering to deprive a petitioner of his 5th and 14th Amendments rights

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-06-26
Petition for Rehearing filed.
2021-06-01
Petition DENIED.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-04
Waiver of right of respondent United States to respond filed.
2021-03-08
Petition for a writ of certiorari filed. (Response due May 7, 2021)

Attorneys

Kenyon J. Garrett
Kenyon J. Garrett — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent