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
Table of Authorities iii
Constitutional Provision
Involved 1
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
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.