No. 20-8067

In Re Jeremiah Ybarra

Lower Court: N/A
Docketed: 2021-05-18
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights conviction due-process fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct
Latest Conference: 2021-06-10
Question Presented (from Petition)

IS AN AMERICAN CITIZEN'S FIFTH-AMENDMENT VIOLATED WHEN HIS CASE IS NOT PRESENTED TO A GRAND JURY TO GAIN AN INDICTMENT ON THE ALLEGED OFFENSE?

DOES A UNITED STATES DISTRICT COURT HAVE JURISDICTION WHEN THE CASE WAS NEVER PRESENTED TO A GRAND JURY?

WHAT IS THE RELIEF THAT AN AMERICAN CITIZEN IS ENTITLED TO WHEN THERE IS POSSIBLE PROSECUTORIAL MISCONDUCT AND A GRAND JURY ISSUE?

IS AN AMERICAN CITIZEN ABLE TO CHALLENGE AN INDICTMENT AFTER BEING CONVICTED OF AN ALLEGED OFFENSE AND CAN SHOW THAT HE OR SHE REQUESTED APPOINTED COUNSEL TO QUESTION THE LEGALITY OF THE INDICTMENT?

IF AN AMERICAN CITIZEN UNDER THE SAME CIRCUMSTANCES WOULD BE SENTENCED TODAY, WOULD HE OR SHE FACE A §851 ENHANCEMENT OR QUALIFY AS A CAREER OFFENDER?

WAS PETITIONER GIVEN A FAIR TRIAL?

Question Presented (AI Summary)

Is an American citizen's Fifth Amendment violated when his case is not presented to a grand jury to gain an indictment on the alleged offense?

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-04-27
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Jeremiah Ybarra
Jeremiah Ybarra — Petitioner