No. 22-7411

Mario Sims v. Pete Buttigieg, et al.

Lower Court: Indiana
Docketed: 2023-04-28
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights deliberate-framing due-process evidence-planting federalism law-enforcement-misconduct police-misconduct state-constitutional-rights state-court-review wrongful-conviction
Latest Conference: 2023-09-26
Question Presented (from Petition)

Can the Indiana Supreme Court, in violation of both the United States Constitutions, Illinois State Supreme court, and cases decided by this Court, make an exception to those authorities to the uncontroverted allegations made April 2019 in his verified unchallenged complaint that the Respondent sworn law enforcement officer, boasted to a Reporter that he had planted evidence to gain the Petitioner's wrongful conviction, then threatened to kill the Reporter after she made a police report and told other authorities. And after the Petitioner filed suit, the law enforcement officer, his legal counsel, and all other Respondents failed to file anything, in any court denying or controverting this admission of evidence planting, thereby deeming the facts admitted by operation of Indiana law. Indiana Trial Rule 8D. This petition seeks to harmonize the Indiana Supreme Court's decision with the U.S. Constitution, Illinois' State Court of last resort, and 1st Circuit Court of Appeals, and this Court.

The Indiana Supreme Court has decided an important federal question in a way that conflicts with the decisions of another State Court of last resort, Illinois Supreme Court, 1st Circuit United States Court of Appeals, and this Court; and the state court has decided an important federal question in a way that conflicts with relevant decisions of this Court.

Question Presented (AI Summary)

Can the Indiana Supreme Court make an exception to the U.S. Constitution, Illinois Supreme Court, and 1st Circuit Court of Appeals decisions regarding deliberate-framing, due-process, police-misconduct, state-constitutional-rights, federalism, wrongful-conviction

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-06
Reply of petitioner Mario Sims filed.
2023-06-26
Brief of respondent Pete Buttigieg, et al. in opposition filed.
2023-05-26
Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2023, for all respondents.
2023-05-25
Motion to extend the time to file a response from May 30, 2023 to June 27, 2023, submitted to The Clerk.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023)

Attorneys

Mario Sims
Mario Sims — Petitioner
Pete Buttigieg, Mike Schmul, Tim Corbett, City of South Bend, Indiana, Stephanie Steele, Tasha Reed Outlaw, Ann-Carol Nash and Cristal Brisco
Peter John AgostinoAnderson, Agostino & Keller, P.C., Respondent