No. 24-5273

Nicholas Frank Wilcox v. Tim Garrett, et al.

Lower Court: Ninth Circuit
Docketed: 2024-08-08
Status: Denied
Type: IFP
IFP
Tags: constitutional-law criminal-procedure due-process legal-interpretation statutory-construction statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-10-11
Question Presented (from Petition)

Did Petitioner's APPLICATION FOR CERTIFICATE OF APPEALABALLTY demonstrate that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the Nevada state district court sentenced Petitioner pursuant to a state law that was (1) Repealed and the statutes were struck down by the Nevada Supreme Court, and (2) the State of Nevada lacked jurisdiction to prosecute state crimes for purposes of Nevada Revised Statute (NRS) 71.010 and Senate Bill 2 (SB2), a level 3?

Should Petitioner have been allowed to demonstrate a massive unconstitutional statutory defect and a jurisdictional issue upon which there is a major conflict in the published decisions of the NSC and the Nevada appellate courts?

Question Presented (AI Summary)

Whether the state's interpretation of a criminal statute violates constitutional due process and statutory interpretation principles

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)

Attorneys

Nicholas Frank Wilcox
Nicholas Frank Wilcox — Petitioner