No. 23-5749

Mark Anthony Thompson v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-court-review criminal-law criminal-procedure due-process habeas-corpus selective-adjudication selective-prosecution standard-of-review statutory-interpretation supreme-court-precedent
Key Terms:
DueProcess
Latest Conference: 2023-11-09
Question Presented (from Petition)

I. DOES THIS SUPREME COURT FINDS THE FIFTH CIRCUIT 'S SELECTIVE
ADJUDICATION AND UNDERMINING THE LAW OF THIS COURT
ACCEPTABLE WHEN IT AFFIRMED THE DISTRICT COURT 'S RULING
FOR CONDUCT THAT DID NOT COME WITHIN THE STATUTORY
DEFINITION OF THE CRIME?

II. DOES THIS SUPREME COURT AGREE WITH THE DISTRICT COURT AND
THE GOVERNMENT ADDING THE ELEMENTS OF ATTEMPT TO
STATUTES THAT CONGRESS CREATED THAT DOES NOT HAVE THE
ESSENTIAL ELEMENTS OF ATTEMPT?

III. WHETHER THE APPEALS COURT ERRED WHEN IT DENIED THE COA
THAT CLEARLY MET THE CRITERIA OF 28 U.S.C. 2253 (C) (2)?

Question Presented (AI Summary)

Does the Fifth Circuit's selective adjudication and undermining the law of this Court's ruling on conduct outside the statutory definition of a crime acceptable?

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-19
Waiver of right of respondent United States to respond filed.
2023-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)

Attorneys

Mark Anthony Thompson
Mark Anthony Thompson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent