No. _____________

IN THE

Supreme Court of the United States

LAWRENCE MILLS,

 

Petitioner,

v.

ANTHONY HASSAN ET AL.,

 

Respondent.

 

ON PETITION FOR A WRIT OF CERTIORARI TO THE

United States Court of Appeals for the Fourth Circuit

PETITION FOR A WRIT OF CERTIORARI

 

Lawrence Mills

705 Winhall Way

Silver Spring, MD 20904

(240) 388-4999

 

Petitioner in Proper Person


(i)

 

QUESTIONS PRESENTED

 

Whether the District Court erred by failing to take the facts alleged in the complaint as true?


ii

TABLE OF CONTENTS


Questions Presented i

Table of Authorities iii

Opinions Below 1

Jurisdiction 1

Constitutional Provision

Involved 1

Statement 2

Reasons to Grant  Writ 4

Conclusion 8

 

Appendix A — Order Denying Rehearing En Banc

Appendix B — Order Deny Rule 60(b)(6) and 59(e)(3) motions.

Appendix C  — Distrct Court’s Order

Appendix D — Letter from MVA


iii

TABLE OF AUTHORITIES

Page

 

CASES

Mitchell v. State,

320 Md. 756 (1990) 761

Morrissette v. United States,

342 U.S 246 (1952) passim

People v. United,

46 Cal. 2d 798 (1956) 802

Staples v. United States,

511 U.S. 600, (1994) ……………………………………619-620

State v. McCallum,

321 Md. 451 (1991) 456-457

Taliaferro v. Maryland,

461 U.S. 948 (1983) 403

Thornton v. State,

397 Md. 704 (2007) passim

United States v. Balint,

54 F.3d 639 (10th Cir. 1995) passim

United States v. Behrman,

258 U.S. 280 (1992) passim

United States v. Blair,

54 F.3d 639 (10th Cir. 1995) 95, 98

United States v. Flum,

518 F.2d 39 (1975) ……………………………………….23

United States v. X-Citement Video, Inc.,

513 U.S. 723 (1994) ……………………………………….64, 78

Webb v. Texas,

409 U.S. 409 (1972) 95, 98

White v. State,

324 Md. 626 (1990) 640

 

CONSTITUTIONAL PROVISIONS

U.S. Const. amend. VIII………………………………………………1

U.S. Const. amend. XIV………………………………………………1


1

 

OPINIONS BELOW

 

Mills was charged with violating a driver’s license restriction under § 16-404.1 on March 13, 2015. Mills was convicted of the offense in the District Court for Howard County. Mills filed a direct appeal to the Circuit Court for Howard County, the Court Denied the request of Mills defense counsel for a specific intent jury instruction. Mills was convicted of the offense and filed a petition for a writ of certiorari with the Maryland Court of Appeals, the discretionary review was denied June 24, 2016. 

 

JURISDICTION

 

The denial of cert by the Maryland Court of Appeals was entered on June 24, 2016. This Court has jurisdiction under 28 U.S.C. § 1254(1).

 

CONSTITUTIONAL PROVISIONS INVOLVED

 

The Eighth Amendment to the Constitution provides in pertinent part that  ‘‘cruel and unusual punishment’’ shall not be inflicted.

 

The Fourteenth Amendment to the Constitution provides in pertinent part that  ‘‘no state shall . . . deprive any person of life, liberty, or property, without due process of law [.]’’


2

STATEMENT

 

Petitioner Lawrence Mills is an adult citizen resident of Silver Spring, Maryland. 

 

4

 

REASONS TO GRANT WRIT

 

I: THE DISTRICT COURT DID NOT BASE IT’S DECISION ON THE FACTS ALLEGED IN PLAINTIFF’S COMPLAINT

 

Under Ashcroft v Iqbal…


9

CONCLUSION

 

For all of these reasons, this Court should grant the Petition.

 

Respectfully submitted,

 

LAWRENCE MILLS

705 Winhall Way

Silver Spring, 

Maryland, 20904

(240) 338-4999

 

Petitioner in Proper Person

 

July 5, 2016

 

APPENDIX

APPENDIX A — ORDER OF THE COURT OF APPEALS FOR _____

 

Lawrence Mills IN THE 

 

ORDER

 

Upon…

 

ORDERED…

 

s/ Mary Ellen Barbera

Chief Judge

Court of Appeals – Maryland

 

Date: June 24, 2016

1b

 

APPENDIX B — MILLS’ MOTION TO VERIFY LICENSE STATUS WITH JUDGE DUGAN

 

I

 

IN THE DISTRICT COURT FOR MONTGOMERY COUNTY, MARYLAND

 

STATE OF MARYLAND CASE:     122804C

 

V.

 

LAWRENCE MILLS

 

DEFENDANT’S MOTION FOR CORRECTION OF CLERICAL ERROR, TO THE HONORABLE JOSEPH A. DUGAN, JUDGE OF SAID COURT:

 

The Defendant Lawrence Mills, requests this Honorable Court, for the reasons set forth below, to notify Motor Vehicle Administration representative Ms. Simmons that Lawrence Mills is not required by the Court…

 

Respectfully submitted,

 

s/ Justin Mills___________

Lawrence J. Mills

                            705 Winhall Way

 Silver Spring, MD 20904

(240)-338-4999

 

CERTIFICATE OF SERVICE

 

I HEREBY CERTIFY THAT ON THIS 21ST DAY OF JULY 2014, a copy of the foregoing Defendant’s Motion for Correction of Clerical Error was faxed to Ms. Simmonds, Motor Vehicle Administration, 6001 Richie Hwy, Glen Burnie, Maryland 21061.

 

_______s/ Justin Mills_________

  Lawrence J. Mills


APPENDIX C — JUDGE DUGAN’S ORDER

 

Circuit Court for Montgomery County 

Case No. 122804-C

 

State of Maryland VS. Lawrence Mills

 

ORDER

 

UPON consideration of the papers and pleadings file it is this 14 Day of August, 2014, by this ORDERED:

 

ORDERED that the Motion to/for Correction of Clerical Error Is hereby Denied;

 

As there is no clerical error for correction with the courts’ circuit court sentence in this case. The defendant’s sentence after his appeal did not require any ignition interlock device.

 

s/ Joseph A. Dugan

JUDGE Circuit Court for

Montgomery County 

 

ENTERED

Aug 25 2014

Clerk of the Circuit Court

Montgomery County, Md.

1d

 

APPENDIX D — MVA LETTER TO MILLS

 

Maryland Motor

Vehicle Administration

6601 Ritchie Highway, N.E.

Glen Burnie, Maryland 21062

 

1-800-950-1MVA (1682)

CUSTOMER SERVICE CENTER

 

1-800-492-4575 TTY

WWW.MARYLANDMVA.COM

WEB SITE

 

June 23, 2015

 

MVA

MOTOR VEHICLE ADMINISTRATION

 

DC-5

LAWRENCE J Mills Videography 705 

WINHALL WAY

SILVER SPRING MD 20904

 

RE: M420488454325

 

Dear LAWRENCE MILLS:

 

My name is Mrs. Simmonds…

 

Sincerely,

 

s/ LSimmonds

La-Vonda Simmonds

Administrative Specialist III

Driver Wellness & Safety Division

 

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.