No. 21-6845

In Re Willie S. Smith

Lower Court: N/A
Docketed: 2022-01-13
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-04-29 (distributed 2 times)
Question Presented (from Petition)

(1) Is it clear and indisputable that, respondent Judges have a duty to enter a judgement of acquittal pursuant to "Ball" and Crim. Rule 29?

(2) Is it clear and indisputable that, at this point "appeal is clearly inadequate remedy" to address Smith's constitutional injury, because there is not a right to an appeal to rectify Smith's constitutional injury. Please see Smith's procedural history in the index to the appendixes, he has tried to get review in every appropriate court.

(3) Is it clear and indisputable that, the issuance of the writ is appropriate in this case because exceptional circumstances have amounted to a judicial "usurpation of power," or a "clear abuse of discretion," justifying the invocation of this extraordinary remedy?

Question Presented (AI Summary)

Is it clear and indisputable that respondent Judges have a duty to enter a judgement of acquittal pursuant to 'Ball' and Crim. Rule 29?

Docket Entries

2022-05-02
Rehearing DENIED.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-03-25
Petition for Rehearing filed.
2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2021-12-21
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Willie Smith
Willie S. Smith — Petitioner