No. 20-5591

Joseph G. Edwards v. Scott R. Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Nebraska
Docketed: 2020-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency compulsory-process constitutional-rights due-process equal-protection material-facts nebraska-supreme-court precedential-authority sexual-assault vulnerable-adult
Latest Conference: 2020-10-30
Question Presented (from Petition)

1. The petitioner asks this honorbale court, did, the Petitioner;, obtain a denial from the Nebraska Supreme Court, that omitted material fact(s) on or about the 5th day of May, 2020, in Nebraska Supreme Court, Case No. A-19-1152, circumvent petitioner's (appellant's) due process and equal protection rights afforded to him pursuant to Ne. Const. Art. 1, S 3., and the United States Const. Amend. 14, S 1., and ignore it's own authority e.g. test for determining competency, STATE v. STOTT, Case No. S-92-915, August 6, 1993, 243 Neb. 967, 503 N.W.2d 822 (1993), i: and CRIPE BAKING CO. V. CITY OF BETHANY, .MO., CaSe NO. 9500, April 3, 1933, 64 F.2d 755 (1933)?

The petitioner asks this honorable court, did, the Petitioner, obtain a denial from the Nebraska Supreme Court, that omitted material fact(s) on or about the 5th day of May, 2020, in Nebraska Supreme Court, Case No. A-19-1152, circumventi: petitioner's (appellant's) due process and equal protection rights afforded to him pursuant to Ne. Const. Art. 1, S 3., and the U.S. Const. Amend. 14, S 1., and ignore it's own authority, e.g. STATE v. STUBBS, CaSe N0. 95-940, May 2, 1997, 252 Neb. 420, 562 N.W.2d 547 (1997), and CRIPE BAKING CO. V. CITY OF BETHANY, MO., Case No. 9500, April 3, 1933, 64 F.2d 755 (1933)?

The petitioner asks this honorable court, did, the Petitioner, obtain a denial from the Nebraska Supreme Court, that omitted material fact(s) on or about the 5th day of May, 2020, in the Nebraska Supreme Court, Case No. A-19-1152, circumvent petitioner's (appellant's) due process and equal protection rights afforded to him pursuant to Ne. Const. Art. 1, S 3., and the U.s. Const. Amend. 14, $ 1., and ignored it's own authority, e.g. STATE v. HULSHIZER, Case No. S-93-277, February 25, 1994, 245 Neb. 244, 512 N.W.2d 372 (1994), and CRIPE BAKING C0. V. CITY OF BETHANY, MO., CaSe No. 9500, April 3, 1933, 64 F.2d 755, (1933)?

While reviewing the record or file in it's discretion, in determining the fact(s) presented on Petition For Further Review, on:
A. Court did not determine R.E. was competent, before it accepted her assertions as true, circumventingppetitioner's compulsory process rights; and
B. Court did not determine R.E. was vulnerable adult, prior to finding petitioner guilty of

Question Presented (AI Summary)

Did the Nebraska Supreme Court omit material facts and circumvent the petitioner's due process and equal protection rights?

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-10-02
Waiver of right of respondent Scott R. Frakes to respond filed.
2020-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2020)

Attorneys

Joseph G. Edwards
Joseph G. Edwards — Petitioner
Scott R. Frakes
James A. CampbellNebraska Attorney General's Office, Respondent