Shedrick Givens v. Darrel Vannoy, Warden

Whether the trial court, in the 24th Judicial District Court, Parish of Jefferson, lacked subject matter jurisdiction where in United States v. Cotton, 535 U.S. 625,1222 S.Ct. 1781, 152 L.Ed. 860 (2002), this Court held that “subject matter jurisdiction is a court's statutory or constitutional power to adjudicate the case?”

Whether the State violated Givens' fundamental Rights under the Thirteenth and Fourteenth Amendments to United States Constitution where in Alexander v. Louisiana, 405 U.S. 625, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972), this Court held that “Once a State chooses to provide grand jury and petit jury, whether or not constitutionally required to do so, it must hew to federal constitutional criteria?”

Whether the State violated Givens' fundamental Rights under the Thirteenth and Fourteenth Amendments to United States Constitution where in United States v. Cotton, 535 U.S. 625,122 S.Ct. 1781, 152 L.Ed. 860 (2002), this Court upheld in Ex parte Bain that “an indictment may not be amended except by resubmission to the grand jury?”

Whether the State violated Givens' Rights under the Thirteenth and Fourteenth Amendments to the United States Constitution where the State instituted prosecution for a crime punishable by life imprisonment by abill of information rather than a grand jury indictment?

Whether the State violated Givens' Rights under the Thirteenth and Fourteenth Amendments to the United States Constitution where in State and Federal law “defects in subject matter jurisdiction can never be forfeited or waived, and require correction regardless of whether error was raised in district court?

Whether the Louisiana Fifth Circuit Court of Appeals has erroneously applied La Code of Crim. Proc. Article 930.4 and La Code of Crim. Proc Article 930.8 procedural bar to Givens' claim that the trial court lacked subject matter jurisdiction?