SUPREME COURT OF ARKANSAS
|
|
- Winifred Black
- 5 years ago
- Views:
Transcription
1 SUPREME COURT OF ARKANSAS No. CR Opinion Delivered June 3, 2010 JESSIE LEE BUCHANAN Petitioner v. STATE OF ARKANSAS Respondent PRO SE PETITION TO REINVEST JURISDICTION IN THE TRIAL COURT TO CONSIDER PETITION FOR WRIT OF ERROR CORAM NOBIS, MOTION TO DISMISS RESPONDENT S RESPONSE TO PETITION, MOTION TO AMEND PETITION [CIRCUIT COURT OF CRITTENDEN COUNTY, CR 92-66] PETITION AND MOTIONS DENIED. PER CURIAM In 1992, petitioner Jessie Lee Buchanan was found guilty by a jury of capital murder and sentenced to life imprisonment without parole. We affirmed. Buchanan v. State, 315 Ark. 227, 866 S.W.2d 395 (1993). Now before us is petitioner s pro se petition seeking permission to proceed in the trial court with a petition for writ of error coram nobis. 1 After a judgment has been affirmed on appeal, a petition filed in this court for leave to proceed in the trial court is necessary because the circuit court can entertain a petition for writ of error coram nobis only after we grant direct appeal. 1 For clerical purposes, the instant petition was assigned the same docket number as the
2 permission. Martin v. State, 2010 Ark. 164 (per curiam) (citing Newman v. State, 2009 Ark. 539, S.W.3d ). A writ of error coram nobis is an extraordinarily rare remedy, more known for its denial than its approval. Cloird v. State, 349 Ark. 33, 76 S.W.3d 813 (2002) (per curiam). Coram nobis proceedings are attended by a strong presumption that the judgment of conviction is valid. Id. The function of the writ is to secure relief from a judgment rendered while there existed some fact that would have prevented its rendition if it had been known to the circuit court and which, through no negligence or fault of the defendant, was not brought forward before rendition of judgment. Newman, 2009 Ark. 539 (citing Sanders v. State, 374 Ark. 70, 285 S.W.3d 630 (2008) (per curiam)). The writ is allowed only under compelling circumstances to achieve justice and to address errors of the most fundamental nature. Id. We have held that a writ of error coram nobis was available to address certain errors that are found in one of four categories: insanity at the time of trial, a coerced guilty plea, material evidence withheld by the prosecutor, or a third-party confession to the crime during the time between conviction and appeal. Id. This court will grant permission for a petitioner to proceed in the trial court with a petition for writ of error coram nobis only when it appears that the proposed attack on the judgment is meritorious. Flannigan v. State, 2010 Ark. 140 (per curiam) (citing Newman, 2009 Ark. 539). In making such a determination, we look to the reasonableness of the allegations of the petition and to the existence of the probability of the truth thereof. Id. -2-
3 As grounds for the writ, petitioner alleges that the prosecutor deliberately failed to release to the defense the entire medical examiner s file, which petitioner contends he received in March He alleges that the State Crime Laboratory made the medical examiner s file available to the prosecution, including the victim s death certificate and the coroner s report, but never disclosed the file to the defense in the discovery process. He contends that, upon examining the death certificate, he discovered that it lacks the signature of Dr. David DeJong, the doctor who performed the postmortem examination, and that the coroner s report also is unsigned. He asserts that the death certificate and report were essential and favorable and could have been used to impeach the State s case and undermine the testimony of Dr. DeJong. Finally, he states that no medical examiner, coroner, or qualified physician testified at trial about the cause of the victim s death, nor was there testimony about the coroner s report. He alleges that there is a reasonable probability that the outcome of the trial would have been different had the defense had access to the death certificate and coroner s report. Suppression of material exculpatory evidence by a prosecutor falls within one of the four categories of coram nobis relief. Pitts v. State, 336 Ark. 580, 986 S.W.2d 407 (1999). The Supreme Court in Brady v. Maryland, 373 U.S. 83 (1963), held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material to guilt or punishment, irrespective of the good faith or bad faith of the prosecution. 373 U.S. at 87. In Stickler v. Greene, 527 U.S. 263 (1999), the Court revisited Brady and declared that evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been -3-
4 different. 527 U.S. at 280 (quoting United States v. Bagley, 473 U.S. 667, 682 (1985)). In Stickler, the court also set out the three elements of a true Brady violation: (1) the evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; (2) the evidence must have been suppressed by the State, either willfully or inadvertently; and (3) prejudice must have ensued. See Pierce v. State, 2009 Ark. 606 (per curiam). Although there is no specific time limit for seeking a writ of error coram nobis, due diligence is required in making an application for relief. Id. In the absence of a valid excuse for delay, the petition will be denied. Newman, 2009 Ark Due diligence requires that (1) the defendant be unaware of the fact at the time of the trial; (2) the defendant could not have, in the exercise of due diligence, presented the fact at trial; and (3) the defendant, after discovering the fact, did not delay bringing the petition. Id. The requirements are a sequence of events, each of which a petitioner must show to prove due diligence. Id. Here, petitioner has not established that he exercised due diligence in bringing forth his claims. More importantly, he has failed to show that the information concerning the death certificate and coroner s report were significant to the outcome of the trial. Petitioner did not deny at trial that he shot the victim. Rather, he testified that he blacked out after he fired the first shot and had no intention of killing the victim but shot him out of fear because the victim was advancing on him. He contended at trial and on direct appeal that the evidence did not establish that he acted with premeditation and deliberation. -4-
5 The autopsy report prepared by Dr. DeJong was read into evidence at petitioner s trial without objection. The report said that the victim was shot five times with two bullets striking him in the front and three in the back. Ronald Andrejack, a firearms and tool-mark examiner with the State Crime Laboratory, testified that the rifle used in the shooting required that the trigger be pulled each time a shot was fired. This court found on appeal that, given the evidence, there was no cause to overturn the jury s decision that petitioner acted with premeditation and deliberation when he shot the victim. Petitioner does not establish that the death certificate and coroner s report were indeed withheld from the defense. Moreover, he does not explain how the defense could have been unaware of the existence of the death certificate, which would have been routinely filed with the State. As to the coroner s report, there was testimony concerning it at trial. 2 Even if signatures were omitted from some document, petitioner has not shown that the document could not have been acquired by the defense at trial some seventeen years ago. He has further failed to show that having access to any particular document at trial would have produced evidence that differed from that adduced at trial. He clearly has not shown that the outcome of the trial was affected by any wrongful conduct on the part of the prosecution. After the State filed a response to petitioner s petition, petitioner filed a motion to dismiss the State s response. In the motion, petitioner reiterates his claims in the petition. 2 The transcript lodged in this court on direct appeal contains the following exhibit introduced at trial: Arkansas Crime Laboratory, Medical Examiner Division, Autopsy Report signed by David DeJong, M.D., Associated Medical Examiner, and Jim Clark, Executive Director, Arkansas Crime Laboratory. -5-
6 Petitioner later filed a motion to amend the petition that reiterates much of the information contained in the motion to dismiss the State s response. As there is no ground stated in either the original petition or either motion to warrant a writ of error coram nobis, both the petition and motions are denied. Petition and motions denied. CORBIN, J., not participating. -6-
the defense written or recorded statements of the defendant or codefendant, the defendant s
DISCOVERY AND EXCULPATORY EVIDENCE I. Introduction In Utah, criminal defendants are generally entitled to broad pretrial discovery. Rule 16 of the Utah Rules of Criminal Procedure provides that upon request
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No PABLO MELENDEZ, JR., Petitioner - Appellant, versus
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 03-10352 United States Court of Appeals Fifth Circuit FILED October 29, 2003 Charles R. Fulbruge III Clerk PABLO MELENDEZ, JR., Petitioner
More informationSupreme Court of Florida
Supreme Court of Florida PER CURIAM. No. SC06-539 MILFORD WADE BYRD, Appellant, vs. STATE OF FLORIDA, Appellee. [April 2, 2009] This case is before the Court on appeal from an order denying Milford Byrd
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION
Hill v. Dixon Correctional Institute Doc. 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION DWAYNE J. HILL, aka DEWAYNE HILL CIVIL ACTION NO. 09-1819 LA. DOC #294586 VS. SECTION
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant, v. Case No.
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON December 5, 2006 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON December 5, 2006 Session STATE OF TENNESSEE v. RICHARD ODOM Direct Appeal from the Criminal Court for Shelby County No. 91-07049 Chris Craft, Judge
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 29, 2011 Remanded by the Supreme Court March 8, 2012
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 29, 2011 Remanded by the Supreme Court March 8, 2012 ROBERT B. LEDFORD v. STATE OF TENNESSEE Appeal from the Criminal
More informationUNITED STATES COURT OF APPEALS
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2004 FED App. 0185P (6th Cir.) File Name: 04a0185p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 116,406. STATE OF KANSAS, Appellee, MARK T. SALARY, Appellant. SYLLABUS BY THE COURT
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 116,406 STATE OF KANSAS, Appellee, v. MARK T. SALARY, Appellant. SYLLABUS BY THE COURT 1. Under Kansas Supreme Court Rule 6.02(a)(5), "[e]ach issue must
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 29, 2011
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 29, 2011 ROBERT B. LEDFORD v. STATE OF TENNESSEE Appeal from the Criminal Court for Hamilton County No. 276337 Don W.
More informationCase: Document: 38-2 Filed: 06/01/2016 Page: 1. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 16a0288n.06. Case No.
Case: 14-2093 Document: 38-2 Filed: 06/01/2016 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 16a0288n.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ARTHUR EUGENE SHELTON, Petitioner-Appellant,
More informationUNITED STATES COURT OF APPEALS TENTH CIRCUIT. Petitioner-Appellant, No v. Western District of Oklahoma WALTER DINWIDDIE, Warden,
UNITED STATES COURT OF APPEALS TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit April 8, 2008 Elisabeth A. Shumaker Clerk of Court JESSIE JAMES DALTON, Petitioner-Appellant, No. 07-6126
More informationServing the Law Enforcement Community and the Citizens of Washington
WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 3060 Willamette Drive NE Lacey, WA 98516 ~ Phone: (360) 486-2380 ~ Fax: (360) 486-2381 ~ Website: www.waspc.org Serving the Law Enforcement Community
More informationSUPREME COURT OF ARKANSAS No. CR-80-40
SUPREME COURT OF ARKANSAS No. CR-80-40 EUGENE ISSAC PITTS PETITIONER V. STATE OF ARKANSAS RESPONDENT Opinion Delivered October 20, 2016 PETITION TO REINVEST THE CIRCUIT COURT WITH JURISDICTION IN ORDER
More informationRobert Morton v. Michelle Ricci
2009 Decisions Opinions of the United States Court of Appeals for the Third Circuit 7-8-2009 Robert Morton v. Michelle Ricci Precedential or Non-Precedential: Non-Precedential Docket No. 08-1801 Follow
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs April 23, 2014
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs April 23, 2014 MARK L. PECK v. STATE OF TENNESSEE and DISTRICT ATTORNEY GENERAL H. GREELEY WELLS, JR., ex officio Appeal from
More informationIN THE COURT OF APPEALS OF IOWA. No / Filed June 25, Appeal from the Iowa District Court for Cerro Gordo County, Jon Stuart
KENNETH RAY SHARP, Applicant-Appellant, vs. IN THE COURT OF APPEALS OF IOWA No. 8-006 / 05-1771 Filed June 25, 2008 STATE OF IOWA, Respondent-Appellee. Appeal from the Iowa District Court for Cerro Gordo
More informationSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS: CRIMINAL TERM: PART K-TRP. -against- Indictment No.: ,
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS: CRIMINAL TERM: PART K-TRP PRESENT: HON. SEYMOUR ROTKER Justice. -------------------------------------------------------------X THE PEOPLE OF THE
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 6, 2015
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 6, 2015 FREDERICK L. MOORE v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C-14-174 Roy B.
More informationCircuit Court for Baltimore City Case Nos UNREPORTED
Circuit Court for Baltimore City Case Nos. 105140024-27 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 567 September Term, 2017 CAMERON KNUCKLES v. STATE OF MARYLAND Woodward, C.J., Graeff,
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE October 17, 2017 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE October 17, 2017 Session 11/28/2017 JAMES MCKINLEY CUNNINGHAM v. STATE OF TENNESSEE Appeal from the Circuit Court for Grundy County No. 6751 Larry
More informationPeople v Santiago 2010 NY Slip Op 33168(U) November 5, 2010 Supreme Court, Kings County Docket Number: 11351/1989 Judge: Thomas J.
People v Santiago 2010 NY Slip Op 33168(U) November 5, 2010 Supreme Court, Kings County Docket Number: 11351/1989 Judge: Thomas J. Carroll Republished from New York State Unified Court System's E-Courts
More informationv No Ingham Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED July 18, 2017 v No. 332414 Ingham Circuit Court DASHAWN MARTISE CARTER, LC No.
More informationIN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) )
IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 24802 GERALD ROSS PIZZUTO, JR., Petitioner-Appellant, v. STATE OF IDAHO, Respondent. Moscow, April 2000 Term 2000 Opinion No. 93 Filed: September 6,
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 20, 2005 v No. 263104 Oakland Circuit Court CHARLES ANDREW DORCHY, LC No. 98-160800-FC Defendant-Appellant.
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs at Knoxville December 15, 2009
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs at Knoxville December 15, 2009 PHYLLIS ANN McBRIDE v. STATE OF TENNESSEE Appeal from the Circuit Court for Rutherford County
More informationdeath penalty. In prosecuting the case, State v. Michael Anderson, Mr. Alford and Mr.
I. Description of Misconduct In August 2009, Orleans Parish Assistant District Attorneys Kevin Guillory and John Alford conducted a trial on behalf of the State of Louisiana. The defendant faced the death
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA WESTERN DIVISION
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. JOHN GRAHAM, a.k.a. JOHN BOY PATTON, and VINE RICHARD MARSHALL, a.k.a. RICHARD VINE
More informationCircuit Court for Washington County Case No.:17552 UNREPORTED. Fader, C.J., Nazarian, Arthur,
Circuit Court for Washington County Case No.:17552 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1994 September Term, 2017 ANTHONY M. CHARLES v. STATE OF MARYLAND Fader, C.J., Nazarian, Arthur,
More informationSECOND CIRCUIT REVIEW: CRIMINAL LAW: DISCLOSING IMPEACHMENT EVIDENCE UNDER 'BRADY'
P A U L, W E I S S, R I F K I N D, W H A R T O N & G A R R I S O N SECOND CIRCUIT REVIEW: CRIMINAL LAW: DISCLOSING IMPEACHMENT EVIDENCE UNDER 'BRADY' MARTIN FLUMENBAUM - BRAD S. KARP PUBLISHED IN THE NEW
More informationNC General Statutes - Chapter 15A Article 89 1
Article 89. Motion for Appropriate Relief and Other Post-Trial Relief. 15A-1411. Motion for appropriate relief. (a) Relief from errors committed in the trial division, or other post-trial relief, may be
More informationSupreme Court of Florida
Supreme Court of Florida No. SC92496 RICKEY BERNARD ROBERTS, Appellant, Cross-Appellee, vs. STATE OF FLORIDA, Appellee, Cross-Appellant. [December 5, 2002] PER CURIAM. REVISED OPINION Rickey Bernard Roberts
More informationv No Wayne Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED April 12, 2018 v No. 336656 Wayne Circuit Court TONY CLARK, LC No. 16-002944-01-FC
More informationA Return to Brady Basics By Solomon L. Wisenberg and Meredith A. Rieger BARNES & THORNBURG LLP
EXPERIENCE A Return to Brady Basics By Solomon L. Wisenberg and Meredith A. Rieger BARNES & THORNBURG LLP I. Introduction For nearly fifty years, the United States Supreme Court s decisions in Brady v.
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs April 27, 2010
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs April 27, 2010 JIMMY GRAY v. STATE OF TENNESSEE Direct Appeal from the Circuit Court for McMinn County No. 09-343 Amy Reedy,
More informationCHEAT SHEET AUTHORITIES ON BRADY & STATE HABEAS PRACTICE
Brady Issues and Post-Conviction Relief San Francisco Training Seminar July 15, 2010 CHEAT SHEET AUTHORITIES ON BRADY & STATE HABEAS PRACTICE By J. Bradley O Connell First District Appellate Project, Assistant
More informationFile Name: 11a0861n.06 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION. No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
JEFFREY TITUS, File Name: 11a0861n.06 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION Petitioner-Appellant, No. 09-1975 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT v. ANDREW JACKSON, Respondent-Appellee.
More informationOverview of Pretrial & Trial Procedure. Basic Concepts. What is Proof (Evidence) David Hamilton City Attorney Reno & Honey Grove Tx.
Overview of Pretrial & Trial Procedure David Hamilton City Attorney Reno & Honey Grove Tx Basic Concepts PresumptionofInnocence:BurdenonStateto erase presumption by proof Beyond a Reasonable Doubt. Absolute
More informationIN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT CRAWFORD COUNTY APPELLEE, CASE NO
[Cite as State v. Keith, 192 Ohio App.3d 231, 2011-Ohio-407.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT CRAWFORD COUNTY The STATE OF OHIO, APPELLEE, CASE NO. 3-10-19 v. KEITH, O P I N I
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED December 22, 2005 v No. 256450 Alpena Circuit Court MELISSA KAY BELANGER, LC No. 03-005903-FC Defendant-Appellant.
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA. Appellant, v. Case No. 5D Appellant, Case No. 5D Appellant, Case No.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM2006 JERRY LAYNE ROGERS, Appellant, v. Case No. 5D06-979 STATE OF FLORIDA, Appellee. / JERRY LAYNE ROGERS, Appellant,
More informationIN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO ) ) Case No. CR 88-232189-A Plaintiff, ) ) -vs- ) ) FINDINGS OF FACT AND ) CONCLUSIONS OF LAW THOMAS MICHAEL KEENAN ) (READ ON RECORD) )
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED August 11, 2016 v No. 326232 Kent Circuit Court DANYELL DARSHIEK THOMAS, LC No. 14-000789-FC Defendant-Appellant.
More informationVideo Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched
Garden State CLE 21 Winthrop Road Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 Atty2starz@aol.com! Video Course Evaluation Form Attorney Name Atty ID number for Pennsylvania: Name of
More informationBRADY Case Law Florida
BRADY Case Law Florida Brady V. Maryland, 373 U.S. 83 (1963). Exculpatory and/or impeachment evidence must be given to the defense by the government whether asked for or not. United States v. Biaggi, 675
More informationSTEVE HENLEY, RICKY BELL, Warden, PETITION FOR WRIT OF CERTIORARI
No. IN THE SUPREME COURT OF THE UNITED STATES STEVE HENLEY, Petitioner, vs. RICKY BELL, Warden, Respondent. PETITION FOR WRIT OF CERTIORARI ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 6, 2015
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 6, 2015 MARIO D. THOMAS v. STATE OF TENNESSEE Appeal from the Circuit Court for Hardeman County No. CC15CR63 Joseph H.
More informationState of New Hampshire. Chasrick Heredia. Docket No CR On February 8, 2019, following a jury trial, defendant, Chasrick Heredia, was
State of New Hampshire NORTHERN DISTRICT morning hours of May 11, 2018. Manchester police officers Michael Roscoe and this altercation Officer Roscoe intervened in the struggle and employed force against
More informationDesmond Jerrod Smith v. State of Maryland No. 64, September Term 2007
Desmond Jerrod Smith v. State of Maryland No. 64, September Term 2007 Headnote: Where, in a jury trial, a tape-recorded statement of a witness testifying in the trial was played for the jury, and where
More informationCriminal Law Section Luncheon The Current State of Discovery in Virginia vs. The Intractable John L. Brady
Criminal Law Section Luncheon The Current State of Discovery in Virginia vs. The Intractable John L. Brady Shannon L. Taylor Commonwealth's Attorney's Office P.O. Box 90775 Henrico VA 23273-0775 Tel: 804-501-5051
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 21, 2010
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 21, 2010 TIMMY REAGAN v. STATE OF TENNESSEE Appeal from the Circuit Court for Overton County No. 4594 David A. Patterson,
More informationS08A0002. MORRIS v. THE STATE. Following a jury trial, Alfred Morris was convicted of felony murder and
FINAL COPY 284 Ga. 1 S08A0002. MORRIS v. THE STATE. Melton, Justice. Following a jury trial, Alfred Morris was convicted of felony murder and various other offenses in connection with the armed robbery
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. Case No. PRETRIAL AND CRIMINAL CASE MANAGEMENT ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v., Defendant(s). Case No. PRETRIAL AND CRIMINAL CASE MANAGEMENT ORDER The defendant(s), appeared for
More informationREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 1994 TIMOTHY JOHN ELLISON STATE OF MARYLAND
REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1188 September Term, 1994 TIMOTHY JOHN ELLISON v. STATE OF MARYLAND Wilner, C.J. Alpert, Fischer, JJ. Opinion by Wilner, C.J. Filed: April 28, 1995
More informationSTATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY. v. Case No CF 381 MEMORANDUM DECISION AND ORDER
BY THE COURT: Case 2005CF000381 Document 989 Filed 09-06-2018 Page 1 of 11 DATE SIGNED: September 6, 2018 FILED 09-06-2018 Clerk of Circuit Court Manitowoc County, WI 2005CF000381 Electronically signed
More informationProcedural Rights. The Brady Rule
The Factual Scenario Continues The local district attorney asks to review the internal affairs file, and later decides that one of the officers was not truthful. The DA places the officer on his agency
More informationIn the Magistrate Court of Kanawha County West Virginia
In the Magistrate Court of Kanawha County West Virginia Magistrate Court Case No. 13 M 3079-81 Circuit Court Appeal No. State of West Virginia - PLAINTIFF Police Officers Vernon and Yost Kanawha County
More informationCOURT OF APPEALS OF VIRGINIA. Present: Judges Humphreys, McClanahan and Senior Judge Bumgardner Argued at Richmond, Virginia
COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, McClanahan and Senior Judge Bumgardner Argued at Richmond, Virginia IRA ANDERSON, A/K/A THOMAS VERNON KING, JR. MEMORANDUM OPINION * BY v. Record
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P : : : : : : : : :
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA v. RONALD WILLIAMS Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA No. 275 EDA 2017 Appeal from the PCRA Order January
More informationHello! I am Artin DerOhanian
DISCOVERY IN MUNICIPAL COURT Artin DerOhanian Senior Associate Attorney 1380 Pantheon Way, Suite 110 San Antonio, Texas 78232 (210) 257-6357 Artin.DerOhanian@rshlawfirm.com 1 Hello! I am Artin DerOhanian
More information(4) Filing Fee: Payment of a $ 5.00 filing is required at the time of filing.
Instructions for Filing a Petition for a Writ of Habeas Corpus in the U.S. District Court for the District of Oregon By a Person in State Custody (28 U.S.C. 2254) (1) To use this form, you must be a person
More informationIN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE DERRICK POWELL, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 310, 2016 Court Below Superior Court of the State of Delaware
More informationWilliam Thomas Johnson v. State of Maryland, No. 2130, September Term, 2005
HEADNOTES: William Thomas Johnson v. State of Maryland, No. 2130, September Term, 2005 CONSTITUTIONAL LAW - SEARCH AND SEIZURE WARRANT - LACK OF STANDING TO CHALLENGE Where search and seizure warrant for
More informationCriminal Litigation: Step-By-Step
Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step 2 Getting Defendant Before The Court! There are four methods to getting the defendant before the court 1) Warrantless Arrest 2)
More informationStrickler v, Greene 119 S. Ct (1999)
Capital Defense Journal Volume 12 Issue 1 Article 12 Fall 9-1-1999 Strickler v, Greene 119 S. Ct. 1936 (1999) Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlucdj Part of the
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 19, 2006
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 19, 2006 ARTHUR L. ARMSTRONG v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. C2854 J. Randall
More informationNo. IN THE SUPREME COURT OF THE UNITED STATES. TOFOREST ONESHA JOHNSON, Petitioner, STATE OF ALABAMA, Respondent.
No. IN THE SUPREME COURT OF THE UNITED STATES TOFOREST ONESHA JOHNSON, Petitioner, V. STATE OF ALABAMA, Respondent. On Petition for Writ of Certiorari to the Alabama Court of Criminal Appeals PETITION
More informationacquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.
GlosaryofLegalTerms acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. affidavit: A written statement of facts confirmed by the oath of the party making
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No EDA 2012
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. MARVIN WOODS Appellant No. 1367 EDA 2012 Appeal from the PCRA
More informationUSA v. Mickey Ridings
2014 Decisions Opinions of the United States Court of Appeals for the Third Circuit 6-16-2014 USA v. Mickey Ridings Precedential or Non-Precedential: Non-Precedential Docket No. 13-4519 Follow this and
More informationMaurice Andre Parker v. State of Maryland, No. 2119, September Term, 2003
HEADNOTE: Maurice Andre Parker v. State of Maryland, No. 2119, September Term, 2003 CORAM NOBIS An enhanced sentence under the federal sentencing guidelines, which is enhanced as a result of that conviction(s)
More informationCriminal Litigation: Step-By-Step
Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step Path of Criminal Cases in Queens Commencement Arraignment Pre-Trial Trial Getting The Defendant Before The Court! There are four
More informationOn Appeal from the 22 Judicial District Court Parish of St Tammany State of Louisiana No
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2010 KA 1021 STATE OF LOUISIANA VERSUS KERRY LOUIS DOUCETTE Judgment rendered DEC 2 2 2010 On Appeal from the 22 Judicial
More informationSection 1983 Cases Arising from Criminal Convictions
Touro Law Review Volume 18 Number 4 Excerpts From the Practicing Law Institute's 17th Annual Section 1983 Civil Rights Litigation Program Article 7 May 2015 Section 1983 Cases Arising from Criminal Convictions
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs January 8, 2008
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs January 8, 2008 OTIS MORRIS v. STATE OF TENNESSEE Direct Appeal from the Criminal Court for Shelby County No. 03-07964 Paula
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION
Case 4:16-cr-00010-BMM Document 80 Filed 05/09/17 Page 1 of 14 BRYAN T. DAKE Assistant U.S. Attorney U.S. Attorney=s Office P.O. Box 3447 Great Falls, MT 59403 119 First Ave. North, #300 Great Falls, MT
More informationCASE NO. 1D Michael Ufferman of Michael Ufferman Law firm, P.A., Tallahassee, for Appellant.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROBERT DALE PURIFOY, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-4007
More informationCourtroom Terminology
Courtroom Terminology Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the
More informationPRESENT: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, S.J.
PRESENT: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, S.J. JACK ENIC CLARK OPINION BY SENIOR JUSTICE A. CHRISTIAN COMPTON v. Record No. 002605 September 14, 2001 COMMONWEALTH
More informationCourt Records Glossary
Court Records Glossary Documents Affidavit Answer Appeal Brief Case File Complaint Deposition Docket Indictment Interrogatories Injunction Judgment Opinion Pleadings Praecipe A written or printed statement
More informationCase 1:08-cr EGS Document 126 Filed 10/02/2008 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:08-cr-00231-EGS Document 126 Filed 10/02/2008 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) UNITED STATES OF AMERICA, ) ) v. ) ) Crim. No. 08-231 (EGS) THEODORE
More informationCOMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : GEORGE VINCENT KUBIS, : : Appellant : No.
NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : GEORGE VINCENT KUBIS, : : Appellant : No. 3347 EDA 2013
More informationCOURT OF APPEALS OF OHIO, EIGHTH DISTRICT STATE OF OHIO : : JOURNAL ENTRY. For Plaintiff-Appellee: : and -vs- : : OPINION. For Defendant-Appellant:
[Cite as State v. Jester, 2004-Ohio-3611.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 83520 STATE OF OHIO : : JOURNAL ENTRY Plaintiff-Appellee : : and -vs- : : OPINION WILLIE LEE
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON December 8, 2015 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON December 8, 2015 Session KENTAVIS JONES v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C-14-251 Donald H. Allen, Judge
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT PALM BEACH NEWSPAPERS, LLC, d/b/a The Palm Beach Post, Petitioner, vs. CASE NO. 4D15-4572 STATE OF FLORIDA, JAMAL DAVID SMITH, AND
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 11, 2002 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 11, 2002 Session NORA FAYE YOUNG v. STATE OF TENNESSEE Direct Appeal from the Criminal Court for Davidson County No. 99-A-403 Cheryl
More informationUNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2015 LAMONT EUGENE COLBERT STATE OF MARYLAND
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 0835 September Term, 2015 LAMONT EUGENE COLBERT V. STATE OF MARYLAND Kehoe, Leahy, Davis, Arrie W. (Senior Judge, Specially Assigned), JJ. Opinion
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA v. : : JOSE CRUZ, : : Appellant : No. 1980 EDA 2013 Appeal from the PCRA
More informationFrancis DeBlanc, Bobby Freeman, Michael Morales, Kevin Guillory, and John
I. Overview of the Complaint Francis DeBlanc, Bobby Freeman, Michael Morales, Kevin Guillory, and John Alford were part of a team of Orleans Parish Assistant District Attorneys who prosecuted Michael Anderson
More informationTEXAS CRIMINAL DEFENSE FORMS ANNOTATED
TEXAS CRIMINAL DEFENSE FORMS ANNOTATED 1.1 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL Order By Daniel L. Young PART ONE STATE PROCEEDINGS CHAPTER 1. BAIL 1.2 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL CURRENTLY
More informationNo. 91,333 ROBERT EARL WOOD, Petitioner, vs. STATE OF FLORIDA, Respondent. [May 27, 1999]
Supreme Court of Florida No. 91,333 ROBERT EARL WOOD, Petitioner, vs. STATE OF FLORIDA, Respondent. [May 27, 1999] SHAW, J. We have for review Wood v. State, 698 So. 2d 293 (Fla. 1st DCA 1997), wherein
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed November 28, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D16-1903 Lower Tribunal No. 94-33949 B Franchot Brown,
More informationCase: 1:03-cr Document #: 205 Filed: 10/06/10 Page 1 of 7 PageID #:535
Case: 1:03-cr-00636 Document #: 205 Filed: 10/06/10 Page 1 of 7 PageID #:535 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, ) ) No. 03 CR 636-6 Plaintiff/Respondent,
More informationIN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY. STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant )
IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant ) PETITION TO ENTER PLEA OF GUILTY The defendant represents to the Court: 1. My
More informationv No Oakland Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED September 25, 2018 v No. 337657 Oakland Circuit Court JOSEPH JOHN LESNESKIE, LC
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs February 4, 2004
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs February 4, 2004 STATE OF TENNESSEE v. WILLIAM J. PARKER, JR. Direct Appeal from the Circuit Court for Warren County No. M-7661
More informationIN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH
Edwin S. Wall, A7446 ATTORNEY AT LAW 8 East Broadway, Ste. 405 Salt Lake City, Utah 84111 Telephone: (801 523-3445 Facsimile: (801 746-5613 Electronic Notice: edwin@edwinwall.com IN THE THIRD JUDICIAL
More informationHoward Dean Dutton v State of Maryland, No September Term, 2003
Headnote Howard Dean Dutton v State of Maryland, No. 1607 September Term, 2003 CRIMINAL LAW - SENTENCING - AMBIGUOUS SENTENCE - ALLEGED AMBIGUITY IN SENTENCE RESOLVED BY REVIEW OF TRANSCRIPT OF IMPOSITION
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs November 24, 2009
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs November 24, 2009 ARTHUR W. STAMEY, III v. STATE OF TENNESSEE Appeal from the Criminal Court for Bradley County No. M-04-418
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED August 21, 2012 v No. 301683 Washtenaw Circuit Court JASEN ALLEN THOMAS, LC No. 04-001767-FC Defendant-Appellant.
More information