No. 23-5211

Andrew Cook v. Robert Martin, Warden, et al.

Lower Court: Second Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abstention amendment-protections civil-rights constitutional-rights criminal-procedure due-process executive-power executive-powers general-warrants judicial-abstention younger-doctrine
Key Terms:
HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (from Petition)

1) Whether there are issues of Constitutional importance regarding
Ztthe 4th,6th,8th and 14th Amendments in case at bar That Are of im-
-portance to All U.S.citizens?Are we back to the days of English
General warrants,are executive powers going unchecked as was orig-
-inal intent of the forementioned protections?Are "executive order-
-s"that nullify a criminal defendants constitutional rights accept
-able?

2) And,whether abstention under Younger was appropriate being that
conflicting rulings are pertinant to Petitioners issues in other
Courts of.appeal and law of the land cases that indicate Appell-
-ant Has made a substantial showing of denial of a constitutional
right .--Appellants Brief from USCA attached in Appendix-

3) Can COA and IFP be delayed until after Appellant files Brief/A
ppendix in Circuit courtaespecially if District Judge failed to
make a Ruling under Rule ll?And should,nt Court of Appeals have li-
-mited it,sheximination to a threshold inguiry into the underlying
merits of his claim--from Miller-El.??

Question Presented (AI Summary)

Whether there are issues of Constitutional importance regarding the 4th, 6th, 8th and 14th Amendments

Docket Entries

2023-10-02
Petition DENIED.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-25
Waiver of right of respondent Martin, Warden to respond filed.
2023-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Andrew Cook
Andrew Cook — Petitioner
Martin, Warden
Michael Joseph ProtoOffice of the Chief State's Attorney, Respondent