No. 22-7621

Jerry Elkins v. United States

Lower Court: Eighth Circuit
Docketed: 2023-05-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constructive-amendment criminal-procedure due-process federal-jurisdiction fraud-on-the-court hazel-atlas-fraud interstate-commerce jury-instructions rico-violation
Latest Conference: 2023-06-22
Question Presented (from Petition)

Whether the convictions of Petitioner, to include twenty-one (21) other Defendants, was in violation of the U.S. Constitution as the instant indictment failed to properly establish federal jurisdiction by not properly including the jurisdictional element of the "affect on interstate commerce" within its four corners.

Whether the conviction of Petitioner to include seven (7) other trial Defendants was proper as the trial judge failed to include the jurisdictional element of the "affect on interstate commerce" and its charge within the four corners of the Court's drafted petit jury instructions.

Whether the convictions of Petitioner, to include seven (7) trial Defendants, was proper as the trial judge "constructively amended" the indictment by listing within the jury instructions statutes of convictions of which was not listed within the four corners of the indictment.

Whether the conviction of Petitioner, to include seven (7) trial defendants, was proper as the trial judge "constructively amended" the indictment by not providing the federal jurisdictional element of the "affect on interstate commerce or its charge to the petit jury.

Whether the convictions of Petitioner, to include seven (7) other Defendants was proper as the trial judge committed a "Hazel-Atlas" violation of "fraud on the Court" when it failed to insert the most crucial and essential element and charge needed for a federal RICO violation within its jury instructions; but did, however, insert the remaining four (4) elements within the petit jury instruction in its entirety.

Question Presented (AI Summary)

Whether the convictions were proper due to lack of federal jurisdiction

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-31
Waiver of right of respondent United States to respond filed.
2023-05-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2023)
2023-04-26
Application (22A930) granted by Justice Kavanaugh extending the time to file until June 10, 2023.
2023-04-10
Application (22A930) to extend the time to file a petition for a writ of certiorari from April 11, 2023 to June 10, 2023, submitted to Justice Kavanaugh.

Attorneys

Jerry Elkins
Jerry Elkins — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent