No. 22-5653

Deryl Dude Nelson v. Michigan

Lower Court: Michigan
Docketed: 2022-09-23
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure due-process evidence-hearing fourth-amendment fraud judicial-misconduct probable-cause standing state-court-procedure warrant-fraud
Latest Conference: 2022-11-18
Question Presented (from Petition)

A prosecutor and magistrate falsified a criminal complaint and warrant in the name of "The People of the State of Michigan" and "Keely Cochran" including forging Sgt. Cochran's signature on the jurat as the complaining witness for the purpose of issuing an arrest warrant against Petitioner. This fraudulent act violate public trust and State and Federal laws including the Fourth Amendment that requires a magistrate to issue an arrest warrant based on probable cause supported by an oath or affirmation. The question present are:

I. Did The State Court Err When It Did Not Conduct An Evidentiary Hearing For Petitioner's Fraud Upon The Court And Fourth Amendment Issue Even Though Petitioner Allegations Were With Evidence In Support Of The Facts Necessary To Have An Evidentiary Hearing And Relief From Judgment?

Question Presented (AI Summary)

Did the state court err in not conducting an evidentiary hearing for petitioner's fraud upon the court and Fourth Amendment issue?

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)

Attorneys

Deryl D. Nelson
Deryl Dude Nelson — Petitioner