No. 23-5584

Raymond L. Rogers v. United States

Lower Court: Tenth Circuit
Docketed: 2023-09-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-appeal criminal-appeals due-process grand-jury-indictment jurisdiction jurisdictional-review merits-determination standing subject-matter-jurisdiction tenth-circuit threshold-question
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

(1). DID THE TENTH CIRCUIT COURT OF APPEALS COMMIT A REVERSIBLE
ERROR WHEN IT RESOLVED THE MERITS OF YOUR PETITIONER'S
CRIMINAL DIRECT APPEALS REVIEW WITHOUT FIRST ASKING AND
ANSWERING THE THRESHOLD JURISDICTION QUESTION ALL REVIEWING
COURT*S MUST FIRST RESOLVE BEFORE PROCEEDING TO A MERITS
DETERMINATION?

(2). DID THE KANSAS DISTRICT COURT DEVOID ITSELF OF SUBJECT AND
PERSONAL MATTER JURISDICTION WHEN THE COURT DISMISSED THE
GRAND JURY'S JUNE 21, 2011, FIRST SUPERSEDING INDICTMENT
IN YOUR PETITIONER'S CRIMINAL CASE?

(3). CAN A FEDERAL DEFENDANT BE TRIED IN A DISTRICT COURT AFTER
THE COURT DISMISSES THE GRAND JURY'S SUPERSEDING INDICTMENT
'AND WITHOUT ANY NEW INDICTMENT RETURNED IN THE CRIMINAL CASE?

Question Presented (AI Summary)

Did the Tenth Circuit Court of Appeals commit a reversible error when it resolved the merits of the petitioner's criminal direct appeals review without first asking and answering the threshold jurisdiction question?

Docket Entries

2024-01-08
Rehearing DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-10-19
Petition for Rehearing filed.
2023-10-10
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-09-19
Waiver of right of respondent United States to respond filed.
2013-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Raymond L. Rogers
Raymond L. Rogers — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent