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Eric Joshua Mapes v. United States District Court for the Western District of Texas

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-50840


Certiorari denied · April 20, 2026

Questions presented

  1. Police Complaint as Arrest Warrant Whether a notarized police-authored criminal complaint, executed without judicial oversight and misrepresented as a valid arrest warrant, violates the Fourth and Fourteenth Amendments by enabling seizure absent judicial authorization. • Gerstein v. Pugh, 420 U.S. 103 (1975) • Illinois v. Gates, 462 U.S. 213 (1983)

  2. Arrest Without Judicial Probable Cause Whether an arrest executed solely on a police complaint, without a judge’s finding of probable cause, violates the Fourth Amendment under Gerstein v. Pugh and renders subsequent detention unconstitutional. • Mapp v. Ohio, 367 U.S. 643 (1961) • Terry v. Ohio, 392 U.S. 1 (1968)

  3. Judicial Omission After Arrest and Jurisdictional Void Whether the absence of a judicial probable cause determination following arrest—as evidenced by an unsigned order finding no probable cause as required under Texas law—violates due process and equal protection under the Fourteenth Amendment, and whether Texas courts retained jurisdiction to detain or convict Petitioner absent a valid judicial finding of probable cause. • Gerstein v. Pugh, 420 U.S. 103 (1975) — judicial determination of probable cause is required for detention. • County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — probable cause must be determined within 48 hours of arrest. • Tennessee v. Lane, 541 U.S. 509 (2004) —ADA Title II violations implicate Fourteenth Amendment protections. • Carey v. Piphus, 435 U.S. 247 (1978) — procedural due process violations are actionable even without physical injury.

  4. Indiana’s Alteration of Texas Conviction Whether Indiana courts and officials may lawfully alter or reclassify Texas judicial records and statutes, fabricating a child-based conviction from an adult-only adjudication, in violation of the Full -1-

Counsel of record

For petitioner
Eric J. Mapes

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 20 2026
    Petition DENIED.
  2. Mar 26 2026
    DISTRIBUTED for Conference of 4/17/2026.
  3. Jan 13 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2026)