No. 22-5874

Dustin Nguyen v. United States

Lower Court: Eighth Circuit
Docketed: 2022-10-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-attack constitutional-interpretation double-jeopardy due-process final-order judicial-jurisdiction rules-of-construction void-judgment
Key Terms:
DueProcess
Latest Conference: 2022-12-02
Question Presented (from Petition)

Forthright observance of rights presupposes their forthright definition. Judges must make clear and understandable the reasons for deciding as they do. Statute calls for the judge to 'sate his reasons'. Chavez-meza v. U.S. (2018).

1) Did the panel err, violate statute or the public trust, when they failed to State their reasoning for deciding they had no jurisdiction?

2) Was the trial court in error by asserting that said motion, attacking a collateral attack' ,and/or when the court refused to pass void judgment,was a the issues of the judgment being void and/or denial of due process? on Restated: Was the ORDER, ECF 114, a final order which was appealable?

3) Is a jeopardy terminated by irregular proceedings or the court's loss of jurisdiction, where it is bound to adopt certain rules in its proceedings, but disregards those rules?

4) What is the relation of these two clauses per the Rules of Construction?

Question Presented (AI Summary)

Did the panel err, violate statute or the public trust, when they failed to State their reasoning for deciding they had no jurisdiction?

Docket Entries

2022-12-05
Petition DENIED.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-08
Waiver of right of respondent United States to respond filed.
2022-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2022)

Attorneys

Dustin Nguyen
Dustin Nguyen — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent