No. 22-7745

James William Walker v. Montana

Lower Court: Montana
Docketed: 2023-06-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment civil-rights constitutional-rights contempt-of-court coram-nobis due-process judicial-branch motion-for-relief supreme-court-precedent united-states-v-morgan
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (from Petition)

Did the Judicial Branch of Montana in denying Petitioner
the opportunity for relief under Precedent Holding United
States v. Morgan, 346 US 502, (1954), by stating, Coram
Nobis has been abolished in the State of Montana violate
United States Supreme Court Precedent Law?.

Did, the Judicial Branch of Montana violate the United States
and Amendment JL4, (Due Process) and
Amendment VI_, (Petitioner's Right to Counsel) by changing his
lawful Motion under Morgan , into a State Collateral Post-
Conviction Petition?.

Did, the State of Montana specifically in it's legislature
and Judicial Branch violate Federal Law by passing and
enforcing Rule 60(e) abolishing Coram Nobis in disregard of
the United States Supreme Court Precedent Case Law, United -
States v. Morgan, 346 US 502 , (1954),?.

Is, the Montana State Judicial Branch in Contempt of the
United States Supreme Court by ignoring United States Supreme
Court Precedent Case Law, United States v. Morgan, 346 US 502 ,
(1954), denying Petitioner relief under Morgan which authorizes
said relief via Petitioner's Motion in the Nature of Writ of
Error Coram Nobis?.

Question Presented (AI Summary)

Did the Montana judicial branch violate US Supreme Court precedent by denying petitioner relief under United States v. Morgan?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-29
Waiver of right of respondent Montana to respond filed.
2023-05-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2023)

Attorneys

James William Walker
James William Walker — Petitioner
Montana
Christian Brian CorriganMontana Department of Justice, Respondent