No. 22-7333

David Jah, Sr. v. United States

Lower Court: Ninth Circuit
Docketed: 2023-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights commerce-clause criminal-procedure due-process interstate-commerce jury-instruction jury-instructions pro-se-representation sixth-amendment speedy-trial speedy-trial-act
Latest Conference: 2023-05-18
Question Presented (from Petition)

1) Will the theory of the government, assisted by their witnesses, known to be
fabricated, asserted to be harmful and outreagous conduct, be enough to reverse a
conviction?

2) Based on the evidence, was the subject property in commerce to be applicable
for Congress's Commerce Clause jurisdiction? See U.S. v. Mennuti, 487 F.Supp 544 (1980)

3) Is the property in connection to interstate commerce "too attenated to rationally
qualify as 'substantial.'" to be applicable to the 844(i) statute?

4) Is it a material variation, by eliminating a element in the indictment, jury
instruction, and statute in order to answer a jury's question?

5) Does a defendant's right to defend themself become a structural error, when
the court allows the jury to determine a element of the statute in a way different
than the element's definition? (in Re: interstate commerce)

6) Did the Court commit a plain error, by stating the government will use tricks,
to deter the defendant from acting in pro se, then allow the government to prevail
on the cliam during trial that the interstate commerce element did not need to be
proven? (based upon a per se rule applicable to hotels, resturants, bars, and rental
property .)

7) Did the Court violate defendant's Sixth Amendment Right to represent himself at first
and'.second 1 request before having him be subjected to a violation of his Speedy Trial Act
and Right.?

8) Did the Court Order for a competency evaluation preventing a Speedy Trial Act
right violate defendant's Constitutional due process when no where in the record
showed that dedendant was not competent and pro se filings were filed in an attempt
to raise claims in his defense?

9) Did the final jury instruction alter the charging terms of the indictment that
the possibility of the grand j,ury would not have indicted?

10) Is it a constitutional violation for a District Court to disallow evidence to
show innocence of the alleged crime by their denial of subpoena's of buisness and
personal records to rebut the claim the property was being used for a commercial
purpose?

11) Before denying a rehearing request, that a counsel failed to advise of, did
the appeal court violate due process, by ruling before the petitioner (allowed to
proceed in pro se) whom was awaiting their case files and court records hindered
from raising issues for the first time en banc?

12) Did the appellate court abuse it's discretion~ by not analyzing plain errors
raised by appellate counsel in regards to Speedy Trial Act and Rights violation,
jury pool and selcection process that did not produce any African-Americans?

13) Is it unconstitutional for merits sought to be raised by counsel filed in
Pro Se ignored?, j

14) Can a property not open to the public, advertised, licensed, claimed or used
for buisness tax write off purposes be deemed used for a commercial purpose by a
rational jury? (As stated by defendant a "jury of my peer" would need that evidence)

15) Does a California licensed attorney 'per s|' affect interstate commerce when
they specialize in State matters?

16) Can the United States have jurisdiction over a property allegedly used for a
commercial purpose that does not affect interstate commerce?

17) Did the appeallate Court depart from the accepted an

Question Presented (AI Summary)

government-fabricated-evidence

Docket Entries

2023-08-21
Rehearing DENIED.
2023-07-27
DISTRIBUTED.
2023-06-01
Petition for Rehearing filed.
2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent United States to respond filed.
2023-04-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2023)
2023-01-09
Application (22A604) granted by Justice Kagan extending the time to file until April 29, 2023.
2022-12-19
Application (22A604) to extend the time to file a petition for a writ of certiorari from February 28, 2023 to April 29, 2023, submitted to Justice Kagan.

Attorneys

David Jah
David Jah Sr. — Petitioner
United States
Elizabeth B. Prelogar — Respondent