No. 23-5576

Robert William Pann v. Sherry L. Burt, Warden, et al.

Lower Court: Sixth Circuit
Docketed: 2023-09-14
Status: Denied
Type: IFP
IFP
Tags: access-to-courts ex-parte-proceeding extrinsic-fraud first-amendment lewis-v-casey prison-conditions prisoner-rights probate-court prosecutorial-misconduct
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2023-11-17
Question Presented (from Petition)

IS PETITIONER'S FIRST AMENDMENT VIOLATED BY THE RULE ANNOUNCED IN LEWIS v. CASEY; TOO NARROW BY BEING STRICTLY FOR ATTACKS ON CRIMINAL SENTENCES AND PRISON CONDITIONS WHEN PRISON OFFICIAL'S DELIBERATELY INTERFERE AND IMPEDE PRISONER'S ACCESS WITH OTHER LEGAL ACTIONS; IN WHICH THE PROSECUTION MANUFACTURES PRE-TRIAL CRIMINAL EVIDENCE BY EXTRINSIC FRAUD ON AN EX PARTE PROBATE COURT?

DOES THE LEWIS DECISION REQUIRE EXPANSION DUE TO THE SECOND, THIRD, FOURTH, SEVENTH, NINTH AND TENTH FEDERAL CIRCUIT COURTS ALL OBSERVE, "PRISONER RIGHT OF ACCESS-TO-THE-COURTS APPLIES BEYOND CRIMINAL LITIGATION AND PRISON CONDITIONS WHEN A NONFRIVOLOUS LEGAL CLAIM HAS BEEN FRUSTRATED OR IMPEDED; WHERE PETITIONER'S SIXTH CIRCUIT ADHERES TO LEWIS' STRICT LIMITATIONS?

Question Presented (AI Summary)

Is Petitioner's First Amendment right of access to the courts violated by the rule announced in Lewis v. Casey being too narrow by strictly limiting it to attacks on criminal sentences and prison conditions when prison officials deliberately interfere and impede a prisoner's access to other legal actions, such as the prosecution's use of extrinsic fraud on an ex parte probate court proceeding?

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Robert Pann
Robert William Pann — Petitioner