Petition for Rehearing — In Re Ellis Keyes, Petitioner

ORIGIN L re

No.21-5359

In The Supreme Court of the United States

In re: Ellis Keyes

APPELLANT'S PETITION FOR REHEARING AND REHEARING EN BANC

To the United States Court of Appeals for the Sixth Circuit No. 20-6034

AND

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY

SOUTHERN DIVISION PIKEVILLE

CIVIL NO. 7:18-CV-23-KKC

PETITION FOR REHEARING EN BANC

Se a

Ellis Keyes, Propria Persona

P O Box 1073

Whitesburg Kentucky 41858-1073

(606) 821-9815

elliskeyes@yahoo.com

Petition for Rehearing en Banc 1

QUESTIONS PRESENTED

Under what authority is license to practice law IF not WE THE PEOPLE and does

the constitution prohibit the Judicial Branch from creating abridgments against the

right to vote and free and fair elections?

Are all entitled equal license to practice in the courts pursuant to equal protection?

Does a State have standing to exclude Judiciary Candidates from Election in

violation of constitutional checks and balances, conflicts of interest and separation

of powers?

Shall it be policy to have open and honest government in conformance with the

Supreme Law and prohibition against NOBILITY?

How can a Bill of Rights carry any weight in the face of a Despotic Government?

i

LIST OF PARTIES

Respondents are Letcher County Commonwealth Attorney Edison Banks,

represented by Adam P. Collins, ESQ., Collins & Collins & Conley P. S. C., P.O.

BOX 727, Hindman, Kentucky 41822 and The State of Kentucky Office of the

Attorney General, ATTN: Travis Mayo, Capitol Suite 118, 700 Capitol Avenue

Frankfort, KY 40601- 3449.

The constitutionality of a Statute of Kentucky is drawn into question.

Mi wi

Petition for Rehearing en Banc 2

TABLE OF CONTENTS

QUESTION PRESENTED 1... wc cessssseseseseesseeseseenees i

PARTIES TO THE PROCEEDINGS ........ccceeeeeeees li

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TABLE OF AUTHORITIES... eeececccesseeeeeeseeenees VI

PETITION FOR WRIT OF MANDAMUB..............00. 6

JUDICIAL ORDERS OPINIONS BELOW..........0..c:ceeceees 6

THERE ARE NO OTHER JUDICIAL MEANS TO OBTAIN THE RELIEF

APPLICANT SEEKS ............ 9

CONCLUSION \eccccsnsswseanasvuens 14

APPENDIX:

Order District Court Eastern District of Kentucky No. 7:18-23-KKC Filed JULY

Sth, 2021. ... .ssxssaxseccossansnevernaanans 1

United States Court of Appeals for the Sixth Circuit No. 20-6034 Order, entered

June 15, 2021.....................-.gespemaweasweusesseaes 21 ee follows

United States Court of Appeals for the Sixth Circuit No.18-5213 order of Sep’ 26,

2018....... follows

Petition for Rehearing en Banc 3

Order District Court Eastern District of Kentucky No. 7:18-23-KKC Filed Sept ’5,

APPENDIX D

Order Commonwealth of Kentucky Court of Appeals No CA-423-EL April 16,

APPENDIX E

Order Commonwealth of Kentucky Court of Appeals No CA-423-EL

Filed 3/22/18... ......cceccceeeeesveeneees A°8

APPENDIX F

Order Letcher Circuit Court No. 18-CI-32 Filed March 13, 2018

APPENDIX G

Judgement United States District Court Eastern District of Kentucky No. 7:18-CV-

23 Filed Feb’ 26, 2018..........cccseeseeeee A-15

APPENDIX H

United States District Court Eastern District of Kentucky No. 7:18-CV-23 Order

Filed Feb’ 26, 2018.........:ccsececceeesneeees A-16

APPENDIX I

Supreme Court of Kentucky No. 2018_SC 199-D Order Dated August 8, 2018

IN THE SUPREME COURT OF THE UNITED STATES

Petition for Rehearing en Banc 4

PETITION FOR REHEARING EN BANC

To Chief Justice Roberts and the Associate Justices of the United States Supreme

Court. Applicant respectfully prays for a Rehearing from the Judgments below.

OPINIONS BELOW

The Petition for writ of Mandamus is denied October 12, 2021 from the

following:The date of order sought to be reviewed is entered July 8th, 2021

Commonwealth of Kentucky Letcher Circuit Court 2018-CI-00032 and all orders

preceding that. Appeal was dismissed by Kentucky Court of Appeals and did not

address the merits, Kentucky Supreme Court Denied Discretionary Review on

August 8, 2018, I sought Stay in the Federal Court Eastern District of Kentucky

7:18-cv-00023 it was immediately dismissed. Appeal was made to the Sixth Circuit

18-5213, all the way to Justice Kagan and denied. The Sixth Circuit remanded this

action back to the U S District Court :18-cv-00023 and the Sixth Circuit Opinion

Order granted this action Dismissed by the Circuit Court July 8th, 2021.

JURISDICTION

Mandamus is warranted where Jurisdiction of original proceeding is drawn into

question by an unconstitutional tribunal with no cause of action from a non-injured

complainant incumbent.

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

Kentucky Constitution section 100 is drawn in question as repugnant to equal

protection and due process of law under the U S First Amendment, Fourteenth and

also State of Kentucky Constitution Section 6, Separation of powers and the United

States Supremacy Clause. Setting forth the right ... to vote shall not be denied or

abridged... on account of ... previous condition of servitude: Also Article I, Section

10, Clause 1 No State shall... grant any Title of Nobility. The harm DONE WHEN

DEVIATING FROM THE LAW is a systemic enslavement by an unconstitutional

aristocracy that suppresses liberty under a despotic ruling class.

Petition for Rehearing en Banc 5

Broadly construed, this entire case evolved around the issue of

LICENCE, License to the practice of law that does not exist when all are equal or

else by reasoning logically that all have equal license. As fundamental of our

foundation, the Supreme Law conforms with nature, reality and perfection, the

same for all through objective truth. With respect to the practice of law and fair

Elections, the First Amendment of the Constitution of the State of Kentucky begins

with ALL MEN ARE EQUAL. . . Recognizing through my Complaint shows a

fundamental injustice to any reasonable mind but this action has been dismissed,

reviewed, reversed and remanded and dismissed all while ignoring the substantial

issues of law at Bar. My position is that the frivolous attempts to delay justice and

deny reality, nature and self-evident perfection of omniscient truth should be

restrained so as to cease to exclude me and all Persons from these fundamental

human rights by the Judiciary in violation of separation of powers, conflicts of

interest and constitutional checks and balances. I call on you to prohibit further

injustice from repeating by granting the reasonable relief requested. The Judicial

Branch owes a duty of reasonable care to me and all people collectively but has

breached that duty of ordinary care and is the cause of our injuries. Furthermore

there is no "genuine issue as to any material fact" I am entitled a favorable

judgment as a matter of law. Schware v. Board of Examiners, 353 U.S. 238, 239 (a)

A State cannot exclude a person from the practice of law ...a person cannot be

prevented from practicing except for valid reasons. .. Law is not a matter of the

State’s grace.

STATEMENT OF THE CASE

Law rest in the instincts of all people and it is the cardinal maxim that a statute

contrary to natural right is illegal, null and void as the anchor of

mankind. Appointing counsel of choice pursuant to this election is by the sixth

amendment of the U S Constitution. The Kentucky Judiciary does not address the

substance of this, dismissed as "improperly filed" as if calling my pleading a failure

to submit a perfected Lawyer form, it does not reflect a valid reason or address the

substance. The Kentucky Judiciary cites one precedent which refers to time

constraints not applicable here and perverts the meaning of the citation. Quoting

Petition for Rehearing en Banc 6

DUVALL v. GATEWOOD500 S.W.2d 416 (1973) The Appeal to the Kentucky Court

of Appeals should have been according to lawful purpose requiring it be liberally

construed as (MOTION TO SET ASIDE THE ORDER) was filed within five days of

the entry of the Letcher County Circuit Court order included in appendixes hereto. .

(Order Commonwealth of Kentucky Court of Appeals No CA-423-EL April 16, 2018

Appendix D A6) Within the APPEAL is the language specific to set aside the order

of the Letcher Circuit Court and the same as in the CONCLUSION requesting relief

requested as: Let the emergency stay be granted, the removal of name from ballot

dismissed and such other further relief that is just and proper. The Kentucky Court

of Appeals conversion of time to technicality of form is complete nonsense to any

impartial observer in light of existing precedent law. See Heleringer v. Brown, Ky.,

104 S.W.3d 397 (2008) (holding that election laws should be liberally interpreted so

as to allow the candidate to stand for election). Skaggs v. Fyffe, 266 Ky. 337, 98

S.W.2d 884 (recognizing the rule of statutory interpretation that laws are to be

liberally construed so as to reach a substantially correct result and the court should,

to every reasonable extent, interpret such provisions as directory rather than

mandatory). In this Commonwealth, there exists a strong public policy in favor of

broad voter participation in elections, thus requiring any doubt in statutory

interpretation to be resolved in favor of allowing the candidacy to continue.

Heleringer v. Brown, 104 S.W.3d at 403. The right of the qualified voter to cast an

effective vote is among our most precious freedoms. Heleringer, 104 S.W.3d at 404-

405. The effect of the unconstitutional order of the Letcher Circuit Court and the

Kentucky Court of Appeals is in violation of the U.S. Constitution 15th Amendment

Section 1. AND Article I, Section 10, Clause 1.

I invoke my right to have this reviewed in a light most favorable to Applicant

because I have encountered disbelief from brainwashed minds that deny reality

even when presented with overwhelming evidence in support of the cause for

universal human rights.

THERE ARE NO OTHER ADEQUATE MEANS IN THE JUDICIARY TO OBTAIN

THE RELIEF APPLICANT SEEKS.

Petition for Rehearing en Banc 7

The effect of The Court of Appeals and the U S District Court for the Eastern

District of Kentucky dismissal sustains an unconstitutional title of nobility on a

fraudulent Corporation of Lawyers, a criminal enterprise with pretended license to

the practice of law and unconstitutional title of Nobility, in violation of equal rights

provision of the State Constitution Section 1. Rights of life, liberty, worship, pursuit

of safety and happiness, free speech ... All men are, by nature, free and equal, The

right of freely communicating their thoughts and opinions... Unconstitutional title

of nobility, an abridgment to voting rights, legislative trespass and judicial

overstep, the harm done systemically dehumanizes Applicant as second class

subject citizen who suffers being denied full human rights, a degenerate barbarism

of irreparable harm. The adverse effect of Election fraud practice challenged here

altered Government into regressive despotism that is clearly forbidden and

notwithstanding as law in pursuance of the Constitution, a special interest

deception to deprive from us our inalienable voting rights and fair elections by a

Union, fixed rigged ballot. Kentucky Constitution section 100 abridged the

freedoms of the First Amendment, protected against State action by the Fourteenth

Amendment of the United States Constitution. The State Court had no lawful

Jurisdiction in the first place regarding these affairs. Commonwealth Attorneys

have taken over the Grand Juries FROM the people, where the people are DENIED

ACCESS to the grand juries when they attempt to present evidence of crimes

committed in the courtrooms by the lawyers and lawyer-judges. The U.S.

Constitution, being the Supreme Fundamental Law, is not and CANNOT be

ambiguous as to be interpreted otherwise, or it would be a worthless piece of paper

and we would have millions of interpretations. All judges and public servants are

SWORN TO SUPPORT the U.S. Constitution.

Kentucky Constitution section 100 is repugnant to the Constitution and

unconstitutional by equal protection due process of law, U S First Amendment,

Fourteenth and Fifteenth U.S.C. and Kentucky's Constitution Section 6, U.S.C.

Separation of powers and the Supremacy Clause. The right ... to vote shall not be

denied or abridged... on account of ... previous condition of servitude: Article I,

Section 10, Clause 1 No State shall... grant any Title of Nobility.

Petition for Rehearing en Banc 8

History shows how Rome outlawed freedom of speech to establish Despotic Slavery.

Reality is perfection where known as a holistic system of life but that is a

completely different world view of your delusions and misconceptions that produced

your prejudice inadequate conception of nature. The Common Good is everything

but the repugnant Aristocratic revolutionary lie advanced for unconstitutional

Lawyer rules have overthrown truth by division, calling it Good and Evil,

separating the basic plain people from the whole to enable injustice against one

such as myself so to attack and destroy the unity of multiplicity and create

dysfunctional Barbarity. I present the facts to you uncontroverted in the courts

today but if you fail to see the impartial self-evident reality and direct cause of

systemic failure that renders the whole system no longer sustainable than you must

recuse yourself in the interest of the common good..

The Founding Fathers formed the Constitution on the basis that all are equal

before the law as its premise axiom constitutional foundation eternal verity of

natural law eternal and omnipresent true reality, the Supremacy clause invalidates

unconstitutional practices, customs such as this Aristocratic fraud Nobility are

recognized customary formalities but do not exist in true law or nature, being

repugnant to the Constitution are null and void from the beginning. As to the way

our government is to be run, let me remind, Thomas Jefferson said, in essence,

"This proves that plain people, if given the chance, can enact laws and run a

government as well as or better than royalty and the blue bloods of Europe." We

must stop pretending that fallible conflicted lawyers with so called license as

experts of the law are better than our self and can do a better job than we before the

courts. Under the Common Law and the Laws of America, NOWHERE is it

expressly given for hear-say substitutes to have the power or right to form a

Corporation. A Corporation of Lawyers are given birth because of ignorance and are

operating under implied consent and power which they have usurped and otherwise

stolen from me and the people and we must withdraw such consent to this

lawlessness on behalf of the good Citizens in the pursuit of happiness for a perfect

union. The U.S. Constitution GUARANTEES to every state in this union a

REPUBLICAN FORM of government. Any other form of government is

FORBIDDEN. No public officer or branch of government can be limited to a

Petition for Rehearing en Banc 9

RULING CLASS of any kind, or the states became ARISTOCRACIES and NOT

republics. Also, the lawyers have made themselves sovereign’s, where many public

offices and branches of government are open to lawyers only, with all other people

limited to only two branches of government and to only certain offices in those two

branches of government, it is an abomination of dehumanization, fraudulently

making all people who are so called non-lawyers into 2nd class subject enslaved

citizens.

When the courts belong to the people, as the United States Constitution

REQUIRES, (Article IV, Section 4, we the people, will NEVER rule against

themselves.) In unconstitutional Incumbent tribunals, are Unconstitutional ROBES

OF NOBILITY. (Article 1, Section 9 and 10) dispense a perverted ideology, where

the people are terrorized by members of the BLACK ROBE CULT (lawyers and

lawyer judges in the courtrooms). By fraudulently holding that I/we cannot have

equal rights before the courts as the Incumbent who cancels fair elections with the

cooperation of state operatives and express a collective delusional abomination

against the overwhelming majority of people, that crime only produces barbaric

human rights violations to empower a cult in the Judicial Branch that sets into

practice the torture and murder of the common man and that criminal ideology is

unnatural, immoral and unlawful having no legal grounds so that it does not exist

in law. Where no harm is caused liberty is infinite so that such denying of liberty

and collective entitlement to truth and natural perfection self-evident stands on its

own merit. Objectively a treason against the rule of law has been committed

through the judiciary that disqualifies all of the Lawyer Judges who deny

the reality. It is a surprise to me if you do not understand the proof and

documentation presented here and I logically reason that because of a delusional

inadequate worldview of incompetent blindness disqualifies any resemblance of

legitimate authority on behalf of the sadistic tyrannical Judiciary as witnessed by

impartial observations of any reasonable mind. As a recognized expert authority

you hold the key of knowledge. Let me remind you that true law is the same for

everyone, monolithic.

Petition for Rehearing en Banc 10

The Sixth Circuit repeated Defendant/Respondent’s defenses that I am not now

nor ever have been a licensed Lawyer. Only a corrupt corporation of traitors could

support that lie, it has no basis in reality, nature and equality before the law.

I further was accused and judged prejudicially of being a bad faith litigant, certified

by the United States District Judge who dismissed this complaint and refused to

grant relief, with two disclaimers. First of all the District Court Judge is apparently

a habitual Liar, demoralized so badly, incapable of believing anything I say, wrote

to the Sixth Circuit that there is not a single non-frivolous point to my arguments

and for this reason I am a bad faith litigant, a falsity to the constitutional equal

standing required as License to practice in the courts. Secondly it is issued to the

extent applicable as to being address to the District Judge although I clearly did not

address the District of Eastern Kentucky, the heading of the Application to Proceed

Forma Paupers referred to by the Judge is addressed to the Court of Appeals for the

6th Circuit and on these two preceding points disqualify the prejudice of the United

States District Court Judgment by its own reasoning.

It is extremely important to hold government accountable to basic human rights

fundamental equal treatment under the law. The lie repeated a thousand times

becomes a truth to the corrupt lawyer judiciary, plain people can see should not be

permitted.

An extremely dangerous consequence of disregarding the principle that all are

equal before the law gives way for the corrupt illegitimate Aristocracy we have who

are entrenched, abuse their position of power in violation of the Supreme Law and

the resulting harm caused is so vast that public opinion would certainly vote you

out of office if we had fair elections. We the people and myself individually as one of

many inadvisable. It is imperative to apply the law equally to all individuals,

regardless of their status. No differences should be made, with regard to the law, for

political figures, diplomats, law enforcement, legal professionals, leading

businesses, or otherwise influential people.

All people must be equally protected by the law. A systematic rule of law that

observes due process to provide equal justice, and requires equal

Petition for Rehearing en Banc 11

protection ensuring that no individual nor group of individuals be privileged over

others by the law arises from philosophical questions concerning equality, fairness

and justice. Equality before the law is incompatible with legal slavery. All

individuals must be treated in exactly the same manner by the law, while all

persons should be subject to the same laws. ... All are equal before the law and are

entitled without any discrimination to equal protection.

The common person is the universe, one of many and a unity of diversity, one song

in the harmonic spectrum but to call me a bad faith litigant is to isolate myself from

all others and deprive the majority in the same manner because we have eternal

verities.

The unlawful Cult of the Judiciary is a wild gang of hungry wolves feeding on my

flesh. The Bar Association practices of elitism as a corrupt corporation to violate

fundamental human rights must be abolished, along with its hateful Barbarity and

violence against the common person who I am. Demand is made to cease the

unconstitutional custom of denying full human rights entitled by birthright and to

stop perpetuating criminal conduct and habitual continuation of a cycle set in

motion that ripples through humanity as a primary cause of the most terrible civil

rights violation crimes including war. A corrupt corporation of Lawyers upholding

these kind of atrocities through an unconstitutional lawyer system cannot reach

parity with a true lawful person, necessitating corrective action to restore, preserve

and reclaim liberty and justice

REASONS FOR GRANTING MANDAMUS

On the merits through epistemological neutrality for the important public

interest because irreparable harm will result from inaction. The writ will be in aid

of the Court's appellate jurisdiction that exceptional circumstances warrant the

exercise of the Court's discretionary powers that adequate relief cannot be obtained

in any other form from any other court.

Petition for Rehearing en Banc 12

CONCLUSION

For these reasons as a "Next Friend" Applicant respectfully request that this

Court grant this Mandate to avert immediate direct and substantial injury as the

result of its enforcement. I have no conflict of interest here. Kentucky is a Right-to-

Work state. Certainly the practice of law is not a matter of the States grace. Let the

stay issue.

Wherefore Plaintiff seeks the following relief;

Restorative justice for the injury requires removing the Incumbent from official

duties for the breach; furthermore Appellant seeks reimbursements to grant court

cost in excess of six thousand five hundred dollars, excluding lawyer fees. Let it be

resolved: No candidate who has conspired with others to violate checks and

balances, equal protection and conflicts of interest in elections shall be considered a

bona fide candidate in the context of KRS 118.176. AND No candidate who has

conspired with others to violate the fourteenth amendment constitutional rights

to speech, association, and due process can be considered a bona fide candidate in

the context of KRS 118.176.

1.) Let the Kentucky State office of the Attorney general be notified, all concerned

parties and the Board of Elections that the Incumbent is dismissed as the

Commonwealth Attorney in Letcher County Kentucky beginning at once. Applicant

respectfully asks you to grant the relief requested and such other further relief as is

lawful and just.

For these reasons Applicant respectfully asks the United States Supreme Court

to review the issues, to bring Mandate against the unconstitutional abridgement of

fair Elections and grant Judgment in his favor for the relief requested as lawful and

just. Respectfully submitted 10/18/2021

Ellis Keyes, Propria Persona P O Box 1073, Whitesburg Kentucky 41858-

1073 elliskeyes@yahoo.com (606) 821-9815

Petition for Rehearing en Banc 13