No. 21-8081

Moses Clark v. California

Lower Court: California
Docketed: 2022-06-07
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (from Petition)

1. Review should be granted, beause the state court failed to bring
the defendant before the magistrate within 48-hours after arrest, violating
The Fourth Amendment Right's To The United States Corstitution.

2. Review should be granted, because state court erred by a second
prosecutiow for the same offense after a conviction; violating The Double
Jeopardy Clause of The Fifth Amendnent Rights of The Unted States Constition.

3. Review should be granted, because Judge Richard S. Kemalyan of thi
Superior Court of Los Angeles County, denied the Pettioner's mstion erroneausly
pursuant to Code of Civil Procedure section 170. land 170.3; violating Petitioner's
Due Process of the United State Fourteeth Amendmert of The Contitution.

4. Review should be granted, because the State court denied the Petitioners
right's to viewthe body wor vide before the Prelininary hearing, vialating
The United Staites Fourth Amendmerts Constitional Right's.

5. Review should be granted, because the stote court esred by delayed
Defendant's rights to a Preliminary hearing within ten doys afterhis aaingmer

6. Review should be grarted, because State coort breach their contract
the Petitioner's Plea agreement by sentencing the Petitioner tothe highterm
and than refused to Recall of Sentence pursvant to Peral Code Section l170,
Subdivision (d(1); Penal Code Section 117l.1, subdivision (a)-(e), and
George Gascon Special Directive 20-08.

7. Review should begranted, becawse State Court admitting hearsay
evidence to determine the trutt, violating Petitioners Confrantation Clause
of The United State Sixth Amendment of the ConstiZution:

8. Review should be grarted, because State Court Prosecutor
Chelsea K. Blatt Vindictively prosecwted the defendant, violatinghis
Due Process Clause of The United States Consttiow of the Fourteenth
Amendmet,

Question Presented (AI Summary)

Whether the state court violated the defendant's Fourth Amendment rights by bringing the defendant before the magistrate within 48 hours after arrest

Docket Entries

2022-12-05
Rehearing DENIED.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-10-25
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2022)

Attorneys

Moses Clark
Moses Clark — Petitioner