No. 23-5216

Kinley MacDonald v. Michael A. Duddy, et al.

Lower Court: First Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: child-abuse constitutional-rights criminal-procedure due-process federal-jurisdiction foster-care hearsay interstate-crime jurisdiction parental-rights standing witness-tampering
Key Terms:
DueProcess Immigration
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (from Petition)

Before a Court in a matter involving unabused Children trafficked into Foster Care, by hearsay, Causing irreparable harm. The mother suffered expected distress as result. The Defendants then used that distress to retroactively justify initial removal, refusal to reunify, and create an elaborate web of accusations to terminate a family in absence of all jurisdiction for which the Federal Courts' abstention sanctions such departure of human rights of the State Courts of Maine that is Calls for a desperate plea to Mother to ask Court's exercise of Supervisory Power. Syprt to Reach his case THESE CHILDREN deserve your time. Thank You.

1) Can a trial Court open and removes Children in a "preserve Custody" Case based solely on hearsay allegations prohibited by State Statute in secret, and in absence of jurisdiction?

2) Can a trial Court threaten a distressed Mother with further decreased Contact with her children to coase an "Agreement" when upon that agreement into an admission of guilt to Child abuse/neglect without Ducks of evidence of child abuse regard in that agreement or else where?

3.) Can Defendants create Systemic barriers to effecting Assistance of counsel, deny a Family opportunity of mandated colloquy, reviews, and appeal on issues of abuse of process, jurisdiction, fraud upon the Court, abuse of discretion, and judicial Misconduct to Conceal & termination of Parental Rights on a family deprived of fundamentally fair opportunity to Litigate the facts on Court record?

4) Can a state Court of last resort declare a new Standard of review of evidence against a class of people with PTSD/depression so "proponderance of evidence" then ake diagnosis is want of case "jeopardy to Children when the Supreme Court has demanded all State refrain from a presumption that a class of people are unfit Parents (Stanley v. Illinois, 405 U.S. 645 (1972)) and requires "Clear and Convincing" evidence of abuse/neglect (Santosky v. Kramer, 455 U.S. 745 (1982))?

5) Can a State Court of last resort deny appeals/attempts of a mother's redress of trial Court abuses then echo these abuses do limit and inhibit a Family's right to effective Counsel on trial appeal, redundant on Attorney to only brief what she deems important while also order the Mother's Counsel NOT to file Constitutional/Federal questions on a Minors behalf?

6) Can District Court and/or a State Court abstain when the State Court is Causing irreparable harm to fundamental rights of parents?

7) Can a United States District Court and/or the United States Court of Appeals objectively deny Course to a petitioner seeking redress on a matter which requires Effective Assistance of Counsel error?

8) Can a United States District Court and/or United States Court of Appeals invoke Frivolous Litigation Certification Requirements of a Petitioner simply because she is being detained in jail?

9) Can a United States District Court and/or United States Court of Appeals require an indigent Plaintiff to pay in pro se fees under the Prison Litigation Reform Act which is NOT permitted in action ongoing in the state.

Question Presented (AI Summary)

Can a trial court open and remove children in a 'preserve custody' case based solely on hearsay allegations prohibited by state statute in secret and in absence of jurisdiction?

Docket Entries

2024-02-20
Rehearing DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-10-24
2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Kinley MacDonald
Kinley MacDonald — Petitioner