No. 21-6032

Charles Francis Hurt v. United States District Court for the Southern District of Texas

Lower Court: Fifth Circuit
Docketed: 2021-10-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-limits district-court due-process federal-procedure federal-rules judicial-precedent jurisdiction prosecutorial-authority standing territorial-court territorial-jurisdiction
Key Terms:
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (from Petition)

Whether the United States district court can prosecute a defendant outside the limited jurisdiction provided to a territorial court in direct contravention of 356 bales of cotton (1825); The SARAH, 5 LEd 644 8WHEAT 391; Forsythe v. The United States, 9 HOWARD 571, 13 LEd 262, and the 1922 Balzac v. Porto Rico, 298 U.S. 298, 312; and ih direct conflict with the definition presented as "District Court of the United States" by this Court in Mookini v. United States, 303 U.S. 201, (1938) and Confirmed in Nguyen v. United States, 539 U.S. 69 in the Historical Sense Quoting Mookini; and within the Advisory noted of Rule 54 of Federal Rules of Criminal Procedure and Rule 1 of the Federal Rules of Civil Procedure.

Question Presented (AI Summary)

Whether the United States district court can prosecute a defendant outside the limited jurisdiction provided to a territorial court

Docket Entries

2022-02-22
Rehearing DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2021-12-17
Petition for Rehearing filed.
2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-01
Waiver of right of respondent United States to respond filed.
2021-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2021)

Attorneys

Charles Francis Hurt
Charles Francis Hurt — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent