No. 23-5161

Derek M. Funk v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-07-21
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 9th-amendment civil-rights confrontation-clause constitutional-challenge constitutional-law criminal-procedure due-process evidence-admissibility statute-interpretation statutory-interpretation
Latest Conference: 2023-09-26
Question Presented (from Petition)

Are Oklahoma statute(s) 21 O.S. § 1040.12(a), 21 O.S. 1040.8 (a), and 21 O.S. § 1024.1 in conformity with the United States Constitution, Amendment(s) IX and XIV? [facially and/or their application]

The 4th and 10th Circuits have conflicting ruling(s) regarding the language contained within "Logan v. State" 2013 OK CR 2. Is this O.C.C.A. ruling a waiver of exhaustion of remedies requirement of 28 U.S.C.A. § 2244(d)?

Does Kallmann Syndrome 1 (KS) undermine the State's ability to prosecute "alleged" child pornography case(s) without identifying the portrayed individual(s)?

Did the State Government violate the Constitutional Rights of Mr. Funk by refusing to establish the date photographs/video, [prosecution evidence], were published?

Did the Trial Judge prevent Mr. Funk from presenting a defense to the allegations, when the Court prevented his counsel from reading the definition(s) of the charged statute(s) before the Jury and preventing a jury nullification defense?

Question Presented (AI Summary)

Are Oklahoma statutes conformity with U.S. Constitution, Amendments IX and XIV?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)

Attorneys

Derek M. Funk
Derek M. Funk — Petitioner