No. 18-1079
Javier Flores Gaytan v. Michael Hardee
Tags: actual-innocence constitutional-standard criminal-conviction criminal-procedure due-process evidence federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-confrontation right-to-fair-trial summary-witness wire-recording
Latest Conference:
2019-04-18
Question Presented (from Petition)
May a State, consistent with due process, obtain a criminal conviction and 37-year prison sentence against a criminal defendant where the primary evidence of the defendant's guilt was a wire-recording that the defendant nor the jurors at the defendant's trial were permitted to hear, but instead whose contents were summarized by the defendant's arresting officer?
Question Presented (AI Summary)
Whether a State may obtain a criminal conviction and 37-year prison sentence against a defendant where the primary evidence of guilt was a wire-recording that the defendant and jurors were not permitted to hear, but instead whose contents were summarized by the arresting officer
Docket Entries
2019-04-22
Petition DENIED.
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-02-14
Petition for a writ of certiorari filed. (Response due March 21, 2019)
Attorneys
Javier Gaytan
Paul Andrew Tharp — Arnold & Smith, PLLC, Petitioner