Daryl Dane Donohue v. United States Court of Appeals for the Sixth Circuit

Implicit bias via malicious prosecutingthreatens the very foundation of the criminaljustice system. Wasn’t the judicial system built on fairness; the right to a fair trial; the right to a trial of one’s peers; the right to be assumed innocent until proven guilty? It appears the majority decision in the United States Court of Appeals, Sixth Circuit, over­ looked the far-reaching impact of this bias, and more importantly the devastating impact it played in the petitioner’s trial. It is for this sound reasoning in isolation the petitioner appears before this court, the one tribunal vested with the judicial power of the United States, noting with certitude adequate relief cannot be obtained in any other form or from any other court on the subject matter heretofore. It is in the spirit of this understanding that the petitioner profounds these two questions, both with direct constitutional implications.

1. WHETHER THE FORM OF EXPRESSION FROM AN APPELLATE COURT IN DENIAL OF A DEFENDANT’S APPEAL ATTEMPT, WHICH OPENLY SATISFIES BOTH PRONGS OF THE “STRICKLAND STANDARD” (PERFORMANCE AND PREJUDICE), PROVING LE­ GAL COUNSEL OF RECORD PROVIDED SUBSTANDARD ASSISTANCE, AFFIRMS HOW A DEFENDANT’S CONSTITUTIONAL RIGHTS WERE VIOLATED BY WAY OF THE SIXTH AMENDMENT.

2. WHETHER A CLAIM FOR MALICIOUS PROSECUTION UNDER THE FOURTH AMEND­ MENT REQUIRES INDEPENDENT PROOF OF SUBJECTIVE MALICE BY THE PROSE­ CUTION OR WHETHER PROOF THE LEGAL PROCESS WAS INITIATED WITHOUT PROBABLE CAUSE IS ALONE SUFFICIENT TO ESTABLISH A CONSTITUTIONAL TORT. Page 1