No. 21-7677

Kyle Maurice Parks v. United States

Lower Court: Eighth Circuit
Docketed: 2022-04-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause constitutional-violation criminal-conviction due-process fabricated-evidence fourth-amendment human-trafficking illegal-search probable-cause search-and-seizure warrant
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2022-05-26
Question Presented (from Petition)

(1) Whether the district Court acted properly when it was denied
28 U.S.C. §2255 relief to the petitioner when evidence reveals
law enforcement misconduct to wit : Fabrication of evidence/
filing of false reports /,perjury at suppression and trial and
concealment. Unites States V,. Janis 428 U.S. 433/ 446/ 49 L.
Ed. 2d. 1046/ 96 S. CT 3021 (1976); Johnson at 78 f. 3d at 1261
Police Misconduct.

(2) $T*ret;frie:r? the district Court acted Properly when it denied
28 U.S.C. §2255 Relief to the petitioner law enforcement violated
his fourth amendment to illigal search without a warrent and refuse
to produce said warrent and probable cause affidavit.. Illinois
V. Gates, 462 U.S. 213, 213, 39, 76 L. Ed. 2d. 527, 103 S. CT.
2317 £1983*; See also Carlisle V. United States, 517 U.S. 416, 428
(1996) As recognied in Bank of Novia Scotia V. United States; 487
: . or
U.S. 250, 254-55 (1988). Ohio Office

(3) Whether the District Court acted properly when it denied 28
U.S.C §2255 Relief for the Violation Of Conforntation Clause at
trial six different times by the Prosicutor. Pointer V. Texas, 380
U.S. 400. 65 s. CT. 1065, 13 1. Ed. 2d.923 (1965). Id.at 315-316,
94 S. ct at 1110 (Quoting 5J Wigmore Evidence §1395. P. 123 (3rd
Ed 1940). See also Crawford V. Washington, 541 U.S. 36, 158 L.
Ed. 2d 177. 124 S. CT 1354 (2004)

(4) Whether the District Court acted properly when it denied the
petitioner a evidentiary hearing in violation of due process
and Fed. R. Civ. P : (c) in accordance with 4(b) and 8(b) of
rules governing §2255 Proceeding. Petitioner must recieve, a
evidentiary hearing if the court accept the allegation as true.
Delgato V. United States. 162; f.- 3d 981, 983 (8th cir 1998)
(Quoting Engelen V. United States. 68 F. 3d 238, 240 8th cir 1995)

(5) Can the government totally disregard a Supreme Court binding
Rule in order to satisfy its own personal agenda by applying
multiplicious indictment?

(6) Can a magistrate judge deny a defendant the opportunity to
self-representation, without the due process of review to determine
competency?

(7) Can the government submit/, known erronous information to pre
sentencing investigator to increase sentence?

(8) Can a judge alter the text of a statute to create multiple
offence (s

Question Presented (AI Summary)

Whether the petitioner's Fourth Amendment rights were violated by an illegal search and seizure without a warrant and probable cause affidavit

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent United States to respond filed.
2022-03-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2022)

Attorneys

Kyle M. Parks
Kyle Maurice Parks — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent