No. 22-7071

Elmer D. Baker v. Ron Neal, Warden

Lower Court: Seventh Circuit
Docketed: 2023-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights directed-verdict due-process ex-post-facto jurisdiction jury-unanimity state-jurisdiction statute-of-limitations verdict-direction
Latest Conference: 2023-05-11
Question Presented (from Petition)

Question One Preface: The Indiana Supreme Court ruled petitioner had a state
required due process right to a unanimous jury verdict; then acquiesced he had been
denied this right because the unanimity instruction his jury was given was fatally
ambiguous; then ruled it was a harmless error; then superseded the jury 's duty by
directing a verdict for the state bases on evidence of crimes allegedly committed
outside the state and Indiana court 's jurisdiction.

Question One: Is it a denial of due process when a state imports a due process right
and then acquiesces the defendant was denied this right and then arbitrarily takes
it away by superseding the jury and directing a verdict for the state based on evidence
of crimes allegedly committed outside the state and all the state courts jurisdictions.

Question Two: Does it violate due process of law and the proscriptions under the
state and federal constitutions against ex post facto laws when the state is allowed to
revive a previously expired statutorily commanded limitations deadline by making a
newly enacted law retroactive when it was not a "watershed " law that was not
constitutionally based?

Question Three: Does the Due Process Clause still require an adequate voir dire to
identify unqualified jurors in the United States? Can a reviewing court impede a
defendant the right to investigate constitutional violations of an inadequate voir dire
and then deny his claim based on an inadequate investigation?

Question Presented (AI Summary)

Is it a denial of due process when a state imports a due process right and then acquiesces the defendant was denied this right and then arbitrarily takes it away by superseding the jury and directing a verdict for the state based on evidence of crimes allegedly committed outside the state and all the state courts jurisdictions?

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-21
Waiver of right of respondent Neal, Warden to respond filed.
2023-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2023)

Attorneys

Elmer D. Baker
Elmer Dean Baker — Petitioner
Neal, Warden
Thomas M. FisherOffice of the Indiana Attorney General, Respondent