No. 24-5978

In Re Marquis Deron Heard

Lower Court: N/A
Docketed: 2024-11-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion federal-prisoner mandamus-relief pro-se-petition search-warrant sixth-circuit
Latest Conference: 2025-01-10
Question Presented (from Petition)

1.) If the petitioner had two appeals on his 2255 motion and the second appeal was correct under Fed. R. App. P. (4) (a) (4) (a) (IV), does law-of-the-case-doctrine foreclose his right to be heard?

2.) By precluding a party's right to be heard on an issue concerning count one of his Jencks material that was given to him at trial, does that effect his opportunity IS. P

3.) If a search warrant was unreturned under rule 41 (F) of the Fed. R.Crim.P. and used against the petitioner at his jury trial, then added to his 2255 by the judge does this entail a fraud placed on the court?

Question Presented (AI Summary)

Whether a federal prisoner's multiple appeals of a 2255 motion and unresolved search warrant issues constitute grounds for mandamus relief

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-11-05
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2024)

Attorneys

Marquis Heard
Marquis Deron Heard — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent