No. 20-7738

Elmer W. Grant, Jr. v. United States

Lower Court: District of Columbia
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment-14th-amendment constitutional-amendments criminal-procedure due-process grand-jury grand-jury-selection judicial-precedent jurisdiction precedent subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2021-05-13
Question Presented (from Petition)

I.') IS THE PRECEDENT SET IN GAITHER V. UNITED STATES, 413 F.2d 1061
(D.C Cir. 1969), WHEN IT WAS MADE CLEAR AFTER THAT ANY INDICTMENT
WITH JUST THE FOREMAN SIGNATURE ALONE ISN'T VALID WITHOUT A OPEN
' COURT VOTE SHOWING ALL 12 JURORS DECIDED ON THE INDICTMENT ?

II. ) IS THE JUDICIAL PRECEDENT RULES VOID IN 1997 WHEN IT STATES
"CASES DECIDED BY THE UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT ( AND ITS PREDECESSORS ) PRIOR TO
FEBRUARY 1, 1971; ARE PART OF THE CASE LAW OF THE DISTRICT OF
COLUMBIA COURT OF APPEALS. NO DIVISION OF THE DISTRICT OF COLUMBIA
COURT OF APPEALS WILL OVERRULE A PRIOR DECISION OF THAT COURT
OR REFUSE TO FOLLOW A DECISION OF THE UNITED STATES COURT OF
APPEALS RENDERED PRIOR TO FEBRUARY 1,1971, AND SUCH RESULT CAN
ONLY BE ACOMPLISHED BY THE COURT EN BANC. WHY ISN'T THE COURT
OF APPEALS APPLYING THIS STANDARD? "WHERE A DIVISION OF THE DISTRICT
OF COLUMBIA COURT OF APPEALS FAIL TO ADHERE TO EARLY CONTROLING
AUTHORITY, THE COURT IS REQUIRED
RATHER THAN THE LATER ONE. "

III. ) IS CONSTITUTIONAL AMENDMENTS 5th AND 14th NOT APPLIED TO ME
IN MY CRIMINAL PROCEEDINGS ?

IV. ) IS JOHNSON V. ZERBST; 304 U.S 458, 58 S.Ct 1019, 82 L.Ed 1461
(1938) NOT CLEAR FOR LOWER COURTS TO FOLLOW ONCE JURISDICTION
BECOMES VOID ?

V.) IS FEDERAL RULE OF CRIMINAL PROCEDURE 6(B)(1) NOT APPLIED TO
CASES IN 1997: CRIMINAL COURTS WHICH STATES "RULE 6. THE GRAND
JURY" AND SUBDIVISION (B)(l) CHALLENGES, EITHER THE GOVERNMENT
OR A DEFENDANT MAY CHALLENGE THE GRAND JURY ON THE GROUND THAT
IT WAS NOT LAWFULLY DRAWN, SUMMONED OR SELECTED AND MAY CHALLENGE
AN INDIVIDUAL JUROR ON THE GROUND THAT THE JUROR IS NOT LEGALLY
QUALIFIED, SUBDIVISION (B)(l) STATES "THAT DEFENDANTS HELD FOR
ACTION OF THE GRAND JURY SHALL RECEIVE NOTICE OF THE TIME AND
PLACE OF THE IMPANELING OF A GRAND JURY, OR THAT DEFENDANTS IN
CUSTODY SHALL BE BROUGHT TO COURT TO ATTEND AT THE SELECTION OF
THE GRAND JURY. SO THIS DOESN'T APPLY TO MY CASE ?

VI. ) IS STOLL V. GOTTLIEB; 305 U.S 165, 59 S.Ct, 134, 83 L.Ed 104(1938)
NOT TO BE FOLLOWED ONCE A VIOLATION OF DUE PROCESS IS SHOWN THAT
IT WAS OBTAINED THROUGH FRAUD OR

Question Presented (AI Summary)

Validity-of-indictment-with-foreman-signature-only

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-20
Waiver of right of respondent United States to respond filed.
2021-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Elmer W. Grant
Elmer W. Grant Jr. — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent