No. 24-5584

Pierre C. Marc v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction collateral-order-doctrine due-process fraud-on-court pre-trial-appeal right-not-to-be-tried
Latest Conference: 2024-10-11
Question Presented (from Petition)

1- IS AN APPEAL OF A COLLATERAL ORDER THAT IS BASED ON DEFENDANT'S RIGHT NOT TO BE TRIED IS
RE VIEWABLE UNDER THE COLLATERAL ORDER DOCTRINE, PURSUANT TO U.S. SUPREME COURT'S AUTHORITY:
"Flanagan, supra, at 265-267, 104 S. Ct. 1051,79 L. Ed. 2d 288?"

2- CAN A DEFENDANT TAKE AN IMMEDIATE APPEAL FROM THE DENIAL OF A PRE-TRIAL MOTION WHEN THE RIGHT
AT ISSUE IS PROPERLY UNDERSTOOD TO BE A RIGHT NOT TO BE TRIED, PURSUANT TO U.S. SUPREME COURT'S
AUTHORITY: "Abney v. United States, 431 U.S. 651,662, 97 S. Ct. 2034, 52 L. Ed. 2d 651 (1977)?"

3- IF THE DEFENDANT'S CLAIMS ARE "FRAUD ON THE COURT AND PROCEDURAL DUE PROCESS VIOLATION," CAN
HE REASONABLY CLAIM A RIGHT NOT TO STAND TRIAL, PURSUANT TO: "Cauwenberghe v. Biard, 486 U.S. 517, 524, 108
S. Ct. 1945, 100 L. Ed. 2d 517 (1988)?"

Question Presented (AI Summary)

Whether an appeal of a collateral order based on a defendant's right not to be tried is reviewable under the Collateral Order Doctrine

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-24
Waiver of right of respondent United States to respond filed.
2024-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2024)

Attorneys

Pierre Marc
Pierre C. Marc — Petitioner
United States
Elizabeth B. Prelogar — Respondent