No. 23-6653

Mark Marvin v. United States Court of Appeals for the District of Columbia

Lower Court: District of Columbia
Docketed: 2024-02-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights criminal-procedure first-amendment free-speech habeas habeas-corpus ineffective-assistance mandamus standing
Key Terms:
FirstAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-03-22
Question Presented (from Petition)

WHETHER PETITIONER HAS STANDING TO FILE A HABEAS AND MANDAMUS PETITION WITH THE COURT OF APPEALS WHEN THE QUESTION OF FREEDOM OF SPEECH AFFECTS HIM AS A MATTER OF LAW?

II. WHETHER, FOLLOWING MILLER'S ARREST AT A PROTEST AT THE U.S. CAPITOL, THE COURT SHOULD HAVE CHARGED THE JURY WITH THE ELEMENTS OF THE FIRST AMENDMENT TO THE U.S. CONSTITUTION, AND WHETHER THE FIRST AMENDMENT RIGHTS APPLY TO A PROTEST AT THE CAPITOL?

III. WHETHER COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO RAISE A FIRST AMENDMENT DEFENSE FOR DEFENDANT WHO WAS ARRESTED FOR CRIMINAL VIOLATION OF THE FIRST AMENDMENT?

Question Presented (AI Summary)

Whether petitioner has standing to file a habeas and mandamus petition

Docket Entries

2024-03-25
Petition DENIED.
2024-03-07
DISTRIBUTED for Conference of 3/22/2024.
2024-02-13
Waiver of right of respondent United States to respond filed.
2023-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)

Attorneys

Mark Marvin
Mark Marvin — Petitioner
United States
Elizabeth B. Prelogar — Respondent