No. 21-6945

Johnnie W. Byrd, III v. David W. Gray, Warden

Lower Court: Sixth Circuit
Docketed: 2022-01-21
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof certificate-of-appealability criminal-justice-system criminal-procedure due-process federal-due-process-protections federal-judicial-system food-stamps judicial-review ohio-law sixth-circuit
Latest Conference: 2022-03-25
Question Presented (from Petition)

Johnnie Byrd's case raises an issue of national importance in the wake of
our Criminal Justice Systems efforts to regain the publics confidence in its
ability to be fair and just:

Can the citizens of the United States have confidence in the fairness of
our criminal justice system and its reforms if our system tolerates the total
disregard for Byrd's due process right to not be convicted of the crimes
alleged except upon proof of every fact necessary to constitute the crime with
which he is charged?

Did the United States Court of Appeals , Sixth Circuit undermine the
peoples confidence in our federal judicial system to protects it citizens
federal due process protections by not issuing a certificate of appealability
(C.O.A.) for review of the merits in this matter. When Byrd clearly
demonstrated to the Magistrate and District Court how the respondent's failed
to produce any evidence that he knew his employees at the store he managed
(Byrd House) was stealing Food Stamps and/or WIC program benefits. And that
the respondent's clear violation of Ohio Law forbidding the use of the value
of the stolen benefits to cause the jury to infer the essential knowingly
element of the crime?

Question Presented (AI Summary)

Can the citizens of the United States have confidence in the fairness of our criminal-justice-system and its reforms if our system tolerates the total disregard for Byrd's due-process right to not be convicted of the crimes alleged except upon proof of every fact necessary to constitute the crime with which he is charged?

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Johnnie W. Byrd, III
Johnnie W. Byrd III — Petitioner