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David B. Portee v. Craig Koenig, Warden

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 20-15104 · judgment March 26, 2021


Certiorari denied · October 4, 2021

Questions presented

  1. Should each Justice or Judge of the United States take the Oath of office or affirmation before performing the duties of office?

  2. Did the four Judges who presided over my case in 1981 without a oath of office lack subject-matter jurisdiction, and would there judgments be null and void?

  3. If the Judge issue a arrest warrant without a oath of office would that constitute false arrest?

  4. Is it true subject-matter Jurisdiction can never be waived and can be raised at anytime, even after judgment on the merits?

  5. Is it true if there is no jurisdiction there is no Judge and the proceedings are as nothing?

  6. Did the'state court have subject matter jurisdiction, when the judge did not have a oath of office?

  7. If a Judge do not have a oath of office would that be a constitutional violation?

Counsel of record

For petitioner
David Portee

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. May 12 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2021)