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Peter K. Stern v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1139 · judgment July 14, 2017


Certiorari denied · January 8, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the United States Court of Appeals for the Fourth Circuit and District Court materially erred and turned a blind eye and deaf ear on what constitutes clear and uncontrovertible proof positive of actual and factual innocence of the Petitioner on Counts 1, 3, 4, 5, 6, and 7 when the District Court repeatedly denied the trial jury the opportunity to see and hear clearly exculpatory evidence thereby giving rise to a series of structural Constitutional violations requiring this Court to assume authority over the case and ORDER reversal of the wrongful convictions complained of by the Petitioner, with prejudice, and substantiating Petitioner's ongoing claims of systemic prejudice and bias on the part of the trial Court, rendering the underlying convictions null and void, ab initio. Whether the District Court materially erred when it disregarded the ruling of the Supreme Court in Stern v. US., 543 U.S. 1097, 125 S.Ct. 988, 160 L.Ed. 996 (2005) and resentenced the Petitioner to 124 months confinement making the resentencing illegal and substantiating Petitioner's ongoing claims of systemic personal animus as well as prejudice and bias on the part of the trial Court, rendering the underlying convictions null and void, ab initio.

Counsel of record

For petitioner
Peter K. Stern

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2018
    Petition DENIED.
  2. Dec 20 2017
    DISTRIBUTED for Conference of 1/5/2018.
  3. Dec 18 2017
    Waiver of right of respondent United States to respond filed.
  4. Dec 07 2017
    Petition for a writ of certiorari filed. (Response due January 10, 2018)