IN THE SUPREME COURT OF THE UNITED STATES
JOAQUIM PEDRO DE MORAIS FILHO,
Petitioner,
v.
THE STATE OF PENNSYLVANIA, et al.,
Respondents.
PETITION FOR A WRIT OF HABEAS CORPUS
Case No. _____________
Petitioner, Joaquim Pedro de Morais Filho, by and through his undersigned counsel, respectfully petitions this Honorable Court for a Writ of Habeas Corpus pursuant to the United States Constitution and applicable Supreme Court precedents for the release of Luigi Nicholas Mangione on bail, and in support thereof, alleges as follows:
I. Jurisdiction
This Court has jurisdiction under Article III of the United States Constitution and 28 U.S.C. ยงยง 2241, 2254, and relevant case law, including but not limited to Boumediene v. Bush (2008), where the Court upheld the right to habeas corpus.
II. Parties
Petitioner: Joaquim Pedro de Morais Filho, Document No. 13303649618, Brazil. Respondent: The State of Pennsylvania, where Luigi Nicholas Mangione is currently detained.
III. Facts
Luigi Nicholas Mangione was arrested at a McDonald's restaurant in Altoona, Pennsylvania, not in the act of committing the alleged crime but based on recognition by a McDonald's employee who then alerted the police. At the time of his arrest, Mr. Mangione was in possession of items that led to his charges, but he was not caught in flagrante delicto, meaning he was not apprehended during the commission of the crime.
IV. Legal Grounds for Habeas Corpus
Constitutional Right to Bail: The Eighth Amendment of the U.S. Constitution prohibits excessive bail. Mr. Mangione has not been given the opportunity to post bail, which is not constitutionally justified given the circumstances of his arrest were not in flagrante. Right to Habeas Corpus: The Suspension Clause (Art. I, Sect. 9, Cl. 2) guarantees the right to habeas corpus unless suspended by Congress in cases of rebellion or invasion. There has been no such suspension, hence, Mr. Mangione's right to challenge his detention via habeas corpus remains intact. Precedent: In Stack v. Boyle (1951), the Supreme Court reinforced that the fixing of bail should be based on the likelihood of flight or danger to the community, not merely on the nature of the charge. Here, there's no clear evidence that Mr. Mangione poses a flight risk or threat, warranting a review of his detention without opportunity for bail.
V. Prayer for Relief
WHEREFORE, Petitioner respectfully requests that this Honorable Court:
Issue a Writ of Habeas Corpus directing Respondents to show cause why Luigi Nicholas Mangione should not be released on bail; Grant a hearing on this matter to determine the appropriateness of bail; Order that Mr. Mangione be released on bail with conditions deemed appropriate by the Court; Grant such other and further relief as the Court deems just and proper.
Dated: 11 december 2024
Respectfully submitted,
Joaquim Pedro de Morais Filho
*** SUPREME COURT OF THE UNITED STATES pio@supremecourt.gov 1 First St NE, Washington, DC 20543, USA