No. 21-8041

Markentz Blanc v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-06-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof civil-rights constitutional-rights due-process evidence evidentiary-standards judicial-interpretation procedural-protections standing state-law vagueness-doctrine
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Whether an unaddressed constitutional claim not affirmatively contradicted by the record deserves relief, and if so, should review under Due process clause guarantee an evidentiary hearing?

2. Whether the now properly interpreted elements of 8922(g) and 8924(a)(2) as clarified in Rehaif, require correction under Due process because petitioner's exercised right to a fair trial at a reasonable doubt, violates both the 5th amendment Due process and 6th amendment right to a fair trial?

3. Whether the vagueness doctrine extends to the 18 USCS 8924(c)(1)(A)'s language of "in furtherance of", as it fails to give notice of what element or conduct is required to violate the statute, violates Due process?

Question Presented (AI Summary)

Whether an unaddressed Constitutional claim not affirmatively contradicted by the record deserves review, and if so, should review under Due Process Clause guarantee an evidentiary hearing?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-09
Waiver of right of respondent United States to respond filed.
2022-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2022)

Attorneys

Markentz Blanc
Markentz Blanc — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent