Dennis Birkley v. United States, et al.

Whether Petitioner’s Sixth Amendment right to confrontation was violated when FBI Special Agent Kathryn Graham testified as a summary witness by summarizing the investigative findings, observations, and conclusions of other FBI agents who did not tes­ tify and were not subject to cross-examination—and whether the Seventh Circuit denied Petitioner mean­ ingful review by failing to apply Crawford v. Washing­ ton, 541 U. S. 36 (2004), to this preserved constitu­ tional objection,

Whether the Ex Post Facto Clause of Article I, Section 9 was violated when Petitioner was convicted under an Indiana mechanic’s lien statute—Indiana Code § 9-22-6-2—that became effective January 1, 2015, based on conduct occurring in 2013 and 2014, and whether the government’s retroactive application and retroactive redefinition of that statute’s meaning to characterize Petitioner’s lawful conduct as criminal, further compounded the constitutional violation.

Whether the Seventh Circuit’s complete failure to address Petitioner’s properly preserved constitu­ tional claims—including Confrontation Clause and Ex Post Facto objections raised at trial, at sentencing, and on appeal—denied Petitioner his Fifth Amend­ ment right to due process and meaningful appellate review, in a manner this Court’s supervisory author­ ity requires it to correct.