No. 21-7275

David Nowakowski v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2022-03-04
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process evidence evidence-presentation judicial-review prosecutorial-discretion prosecutorial-error separation-of-powers state-court-system
Latest Conference: 2022-04-29
Question Presented (from Petition)

a. WHERE A DISTRICT ATTORNEY FAILS TO EXERCISE DISCRETION IN THE DECISION NOT TO PROSECUTE, CAN CONTINUED AND MOUNTING EVIDENCE BE PRESENTED TO THE DISTRICT ATTORNEY AND SUBSEQUENT COURTS OF REVIEW TO ILLUSTRATE THAT THE DISTRICT ATTORNEY WAY IN FACT INCORRECT?

b. CAN A STATE COURT SYSTEM OBFISCATE ITS POWER THROUGH CASE LAW TO SUCH AN EXTENT THAT THE JUDICIARY ITSELF FAILS TO UPHOLD ITS OWN POWER WITHIN THE CONTEXT OF THE SEPARATION OF POWERS DOCTRINE?

Question Presented (AI Summary)

Where a district attorney fails to exercise discretion in the decision not to prosecute, can continued and mounting evidence be presented to the district attorney and subsequent courts of review to illustrate that the district attorney was in fact incorrect?

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2022)

Attorneys

David Nowakowski
David Nowakowski — Petitioner