No. 20-1660

In Re Garvester Bracken

Lower Court: N/A
Docketed: 2021-05-28
Status: Denied
Type: Paid
Tags: article-iii criminal-procedure criminal-proceedings due-process habeas-corpus judicial-procedure jurisdiction probable-cause right-to-be-present right-to-counsel trial-jurisdiction
Latest Conference: 2021-06-17
Question Presented (from Petition)

DID THE TRIAL COURT HAVE JURISDICTION TO PROCEED AND ENTER JUDGMENT AS A MATTER OF LAW?

WHETHER THE TRIAL COURT HAD POSSESSED JURIDICTION IN ABSENCE OF DEFENDANT AND DEFENSE COUNSEL HAVING NOT APPEARED BEFORE A MAGISTRATE COURT OF JUDGE TO HAVE A JUDICIAL DETERMINATION OF PROBABLE CAUSE ESTABLISHING THAT AN OFFENSE OR VIOLATION OF LAW HAD OCCURRED?

WHETHER THE TRIAL COURT HAD POSSESSED JURISDICTION IN ABSENCE OF DEFENDANT AND DEFENSE COUNSEL HAVING NOT BEEN ACCORDED A FORMAL ARRAIGNMENT IN ORDER TO PLEAD TO ANY CHARGES FOR WHICH HE STANDS CONVICTED?

WHETHER THE COURT BELOW HAVE JURISDICTION CONFERRED TO REMOVE AND TAKE COGNIZANCE OF AN ARTICLE III COURT ORIGINAL JURISDICTION WHEN A STATE IS NAMED PARTY?

Question Presented (AI Summary)

Whether the trial court had jurisdiction to proceed and enter judgment without the defendant and defense counsel being personally present during any stage of the trial proceedings

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-24
Petition for writ of habeas corpus filed.

Attorneys

In Re Garvester Bracken
Garvester Bracken — Petitioner