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Supreme Court of the United States H N 3n the 'uprerne Court of the aniteb--state! REV. JOSPEHENIE ROBERTSON, M.T.T., individually, as the Representative, Officer, and Matriarch of the Traditional Authority, and the Miskitu Government-in-Exile - PETITIONER. VS. THE REPUBLIC OF NICARAGUA, JOSÉ DANIEL ORTEGA SAAVEIThA, RCSARIO MURILLO, SANDINISTA PARTY and INFINITY ENERGY RESOURCES, INC., - RESPONDENTS. ON PETITION FOR A WRIT OF CERTIORARI TO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ENBANC ---- - -- I PETITION FOR WRIT OF CERTIORARI Rev. Josephenie E. Robertson, M.T. 1557 Jackson St. #301 Oakland, CA 94612 - U.S.A. Telephone:510.410.1144 Email: [email protected] Petitioner - - RECEIVED JAN 2 ' 2019- RECEIVED OFF E DEC 27 2018 -- M F - - S L QUESTION(S) PRESENTED Whether the Petitioner was deprived of an independent, neutral, and impartial tribunal in violation of the First and Sixth Amendments under the Equal Protection and Due Process clauses of the Fifth and Fourteenth Amendment of the United States Constitution? Whether the Petitioner's right to self-representation and the assistance of counsel were denied under the capacities of individual and class action, in violation of the Sixth Amendment under the Equal Protection and Due Process clauses of the Fifth and Fourteenth Amendment of the United States Constitution? Whether there are deprivations of the Equal Protection and Due Process clauses under the Fifth and Fourteenth Amendments of the Constitution by the lower courts applying the Political Question Doctrine to dismiss the Petitioner's complaint? Whether there are deprivations of the Equal Protection and Due Process clauses of the Fifth and Fourteenth Amendment of the Constitution by the lower courts failing to cite reasons on appeal to seek relief and remedy? S LIST OF PARTIES . I] All parties appear in the caption of the case on the cover page. • [x I All parties do not appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows: Office of the Clerk U.S. Court of Appeals for the Ninth Circuit P.O. Box 193939 San Francisco, California 94119-3939 Office of the Clerk United States District Court Philip Burton Federal Building 450 Golden Gate Ave San Francisco, CA 94102 Andrew Z. Schwartz, Esq. Foley Hoag LLP 155 Seaport Boulevard Boston, Massachusetts 02210 Email: [email protected] Philip C. Swain, Esq. Foley Hoag LLP 155 Seaport Boulevard Boston, Massachusetts 02210-2600 Tele: 617-832-1000 Email: [email protected] Christopher A. Nedeau, Esq. 154 Baker Street San Francisco, California 94117 Tele: 415.516.4019 Email: [email protected] Mr. Stanton E. Ross, President & CEO Infinity Energy Resources, Inc. 11900 College Boulevard Overland Park Kansas 66210 USA Phone: 913-948-9512 Email: [email protected] .TABLE OF CONTENTS . OPINIONSBELOW..............................................................................................................................1 JURISDICTION ............................... ................................ ............................... .............................. .................... CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED .......................... .3 STATEMENTOF THE CASE................................................................................................4 REASONS FOR GRANTING WRIT 16 CONCLUSION........................................................................................................................................34 INDEX TO APPENDICES APPENDIXA U.S. Court of Appeals for the Ninth CircuitEn Banc ............ 1A APPENDIX B United States Court of Appeals for the Ninth Circuit ........... lB APPENDIX C United States District Court ................................ .............................. ..1C S . TABLES OF AUTHORITIES CITED CASES PAGE 3 Wayne R. LaFave et al., The Constitutional Rights to Retained and Appointed Counsel, Crim. Proc. § ii.i(b), at 1 (3d. ed. 2013) ...................29 Argersinger v. Hamlin, 407 U.S. 25 (1972) ................................................................26 Armstrong v. Manzo, 380 U.S. 545, 552 (1965); 287 U.S. 45 (1932) ........................28 Baker v. Carr, 369 U.S. 186 (1962) Decided March 26, 1962 ....................................31 Bolling v. Sharpe, 347 U.S. 497 (1954) - Due Process Clause ....................................3 CBS Corp. v. Fed. Commun. Comm'n, 535 F.3d 167 (3d Cir. 2008) .........................17 Ex Parte Hennen, 13 Pet. 225 (1839).........................................................................18 Faretta v. California, 422 U.S. 8o6, 812-13, 821-832, 843-845, 850 note 2 supra (1975).................................................................................. 26 Gideon v. Wainright, 372 U.S. 335 (1963).................................................................26 Halbert v. Michigan, 545 U.S. 600, 610 (2005) (quoting M.L.B. v. S.L. J., 519 U.S. 102,120 (1996)). Id. at 6i0-11 ......................29 In Re Estate of Marcos Human Rights Litigation, 910 F. Supp. 1460 (D. Haw. 1995); US District Court for the District of Hawaii - 910 F. Supp. 1460 (D. Haw. 1995) November 30, 1995 ...................... 11 In re Murchison, 349 U.S. 133 (1955).........................................................................15 Johnson v. Zerbst, 304 U.S. 458 (1937)..............................................................................26 Kenna v. U.S. Dist. Ct. for the C.D. Cal., 435 F.3d iou, i016 (9th Cir. 2006).........28 Marbury v. Madison, 5 U.S. (i Cranch) 137 (1803)....................................................32 Mathews v. Eldridge, 424 U.S. 319, 334 (1976) .........................................................29 Nixon v. United States, 506 U.S. 224 (1993). Decided January 13, 1993 .................32 Powell v. Alabama, 287 U.S. 45 (1932)......................................................................26 iv S TABLES OF AUTHORITIES CITED. CASES PAGE Powell v. McCormack, 395 U.S. 486 (1969). Decided June 16, 1969.........................32 .1 United States v. Plattner, 330 F.2d 271, 274 (2d Cir. 1964)...................................... 27 Vekuii Rukoro v. Federal Republic of Germany Case No. 1:17-cv-00062 filed on 01.05.17 in the U.S.D.C. Southern District of New York....................................................................................12 Vieth v. Jubelirer, 541 U.S. 267(2004).......................................................................32 STATUTES AND RULES I Stat. 73, 92, Amended (1789 First Congress)...........................................................26 The Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771 .........................................28 28 U.S.C. H 332(d)(1), 351-364 (Judicial Councils Reform and Judicial Conduct and Disability Act of 19 80) ..........17 28 U.S.C. § 1654 (1970) note 20 .........................................................................................26 JCUS-APR 73, pp. 9-11...............................................................................................17 Magnitsky Act, formally known as the Russia and Moldova Jackson—Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public law Pub.L. 112-208 - Statutes at Large 126 Stat. 1496) ........................... 9 Export Administration Act of 1979 (50 U.S.C. App. 24050)), Section 62oA(a) of the Foreign Assistance Act of 1961, Public Law 87-195, as amended (22 U.S.C. 2371(c)), and Section 40(f) of the Arms Export Control Act, Public Law 90-629, as amended (22 U.S.C. 2780(f)), on or about November 17, 2017. 82 Fed. Reg. 56100 (Nov. 27, 2017)..........................................................................7 Section 8o66 of the Department of Defense Appropriations Act (Title VIII of the Continuing Appropriations, 1985) ..................................................10 28 U.S.C. § 16o5A(a)(2)(A)(i)(I)...........................................................................................2 28 U.S.C. § 1603.............................................................................................................8 V MISCELLANEOUS . Congressional Record of September iSt, 1789 Pages 8 0-100 .....................................25 Kish Formula - Leslie Kish, Survey Sampling 53 (New York, John Wiley andSons 1962) ................................................................................................11 Martin Davies, Time to Change the Federal Forum Non Conveniens Analysis, 77 TuL. L. REv. 309, 352-53 (2002) ......................................................19 M. Ryan Casey & Barrett Ristroph, Boomerang Litigation: How Convenient Is Forum Non Conveniens in Transnational Litigation? 4 B.Y.U.INT'L L. & MGMT. REV. 21, 51 (2007) ...................................................19 Vi In The .Supreme Court of the United States. PETITION FOR WRIT OF CERTIORARI Petitioner respectfully prays that a writ of certiorari issue to review the judgment below: OPINIONS BELOW [x] For cases from federal Courts: The opinion of the United States Court of Appeals En Banc appears at Appendix A to the petition and is [x] reported at Case No. 1717156; or, [ ] has been designated for publication but is not yet reported; or, [x] is unpublished. The opinion of the United States Court of Appeals appears at Appendix B to the petition and is [x] reported at Case No. 1717156; or, [] has been designated for publication but is not yet reported; or, [x] is unpublished. The opinion of the United States District Court appears
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