No. 21-5157
Gary Simmonds v. Territory of the Virgin Islands
IFP
Tags: appellate-procedure appellate-review constitutional-interpretation constitutional-law criminal-law due-process judicial-power jurisdiction lesser-included-offense statutory-construction statutory-interpretation
Key Terms:
DueProcess Jurisdiction JusticiabilityDoctri
DueProcess Jurisdiction JusticiabilityDoctri
Latest Conference:
2021-09-27
Question Presented (from Petition)
Is the appeals court correct? Does 28 U.S.C. § 2106 or any federal statute authorize "a lesser included offense" of an unconstitutional statute, taken from another criminal code section not charged in the complaint, by a federal court noting its departure from the state court's rule on the same statute?
Question Presented (AI Summary)
Is a lesser-included-offense of an unconstitutional-statute authorized by federal-statute
Docket Entries
2021-10-04
Petition DENIED.
2021-09-02
DISTRIBUTED for Conference of 9/27/2021.
2021-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2021)
Attorneys
Gary Simmonds