No. 21-5806

Antonio Medina Puerta v. United States

Lower Court: First Circuit
Docketed: 2021-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bias circuit-split civil-procedure constitutional-provisions coram-nobis due-process judicial-impartiality legal-remedy standing witch-hunt
Key Terms:
DueProcess
Latest Conference: 2021-11-12
Question Presented (from Petition)

1. Whether the split in the Circuits regarding tests to grant coram nobis relief should remain unresolved.

2. Whether the test used by the 1st circuit violates due process of law and contravenes the Supreme Court doctrine about the issuance of writ coram nobis.

3. Whether the 1st circuit case George is bad law permitting biased rulings in coram nobis cases based on general rule and should be overruled by this court.

4. Whether the 1st circuit application of their own law, which contravenes that of the Supreme Court, permitting convictions of innocent people to remain is repugnant and/or should be sanctioned by this court.

5. Whether the 1st circuit court violates the fundamental principle Nullum crimen sine lege refusing to exonerate a person who has committed no crime but was wrongfully convicted by that court.

6. Whether due process is violated when circuit judges, and 1st circuit judges, in particular, can ignore challenges to their impartiality and proceed to decide a case and judgment while the challenge is raised is unresolved.

7. Whether judge Selya is biased and incompetent to rule in a corm Nobis case by reason of his stated opinion in George.

8. Whether the 1st circuit and lower courts in Massachusetts can continue their witch hunt 1 in the 21st century as they did in the 17th Century.

Question Presented (AI Summary)

Whether the split in the Circuits regarding tests to grant coram-nobis-relief should remain unresolved

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-20
Waiver of right of respondent United States to respond filed.
2021-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2021)

Attorneys

Antonio M. Puerta
Antonio Medina Puerta — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent