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Patrick Killen, Jr. v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 25-13084 · judgment October 3, 2025


Certiorari denied · February 23, 2026

Questions presented

  1. Whether the prosecution can use an arbitrary and fictitious list of 442 unknown individuals during sentencing all of whom never testified during trial nor testified during sentencing when the superseding indictment listed three (3) charged victims. See, Andrew vs. White, 604 US 86 (2025).

  2. Whether the prosecution can arbitrarily deny a defendant the constitutional right to confront the three (3) witnesses against him. See, Hemphill vs. New York, 595 US 140 (2022).

  3. Whether the prosecution can call a defendant to the stand during trial to testify against himself violating the Fifth Constitutional Provision against self­ incrimination.

  4. Whether an indictment can be filed 49 days after arrest and a defendant who had never before been in trouble with the law be held in pre-trial detention without bond for 122 days prior to a federal criminal trial when there was a warrantless arrest and defendant pled not guilty. See, The Speedy TrialActofl974.

  5. Whether a coerced confession can be used after the FBI repeatedly told a 20-year old defendant without counsel he would not be arrested. See, United States vs. Lail, 607 F.3d 1277, 1284 (11th Cir. 2010).

  6. Whether the prosecution can use contents of falsified documents that were “created” by the FBI in an attempt to build a case around a coerced confession. See, Pope v. Fed. Express Corp. (974 F.2d 982, 8th Cir. 1992).

  7. Whether illegally seized electronic equipment can be used at trial. See, Mapp vs. Ohio, 347 US 643 (1961) and Fruit ofthe Poisonous Tree Doctrine.

Counsel of record

For petitioner
Patrick Killen Jr.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 18 2026
    Rehearing DENIED.
  2. Apr 28 2026
    DISTRIBUTED for Conference of 5/14/2026.
  3. Mar 14 2026
    Petition for Rehearing filed.
  4. Feb 23 2026
    Petition DENIED.
  5. Jan 29 2026
    DISTRIBUTED for Conference of 2/20/2026.
  6. Jan 22 2026
    Waiver of right of respondent United States to respond filed.
  7. Nov 15 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2026)