Albert S. N. Hee v. United States

It is fundamental that the constitutional right of due process is violated when the Principal Government Agent lies by fabricating evidence in order to initiate a criminal prosecution, yet that is exactly what the Government did in my case. Agents with the Internal Revenue Service (“IRS”) fabricated evidence against me that was used to justify referral of my civil audit to the IRS’s Criminal Investigation Division (“CID”). The Federal Circuit Courts have uniformly held that a criminal prosecution based on a Government’s agent fabricating evidence violates substantive Consti­ tutional Due Process. The Hawaii District Court and Ninth Circuit violated “the laws of the circuit” and stare decisis when deciding my Habeas Corpus Motion and Petition for a Certificate of Appealability. This court should resolve the issue by granting certiorari to firmly establish a constitutional right not to be prosecuted based on fabricated evidence by the government. The Question Presented Is: Does the Doctrine of Stare Decisis require the Federal Courts to follow its prior Circuit Decisions of substantive constitutional rights although this court has not ruled on the issue?