No. 18-5625

Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2018-08-16
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter
Latest Conference: 2018-10-12
Question Presented (from Petition)

DID THE TRIAL COURT PREJUDICIALLY ERR BY FAILING TO INSTRUCT THE JURY ON THE LESSER INCLUDED OFFENSE OF SUDDEN QUARREL/HEAT OF PASSION VOLUNTARY MANSLAUGHTER AND DID THE TRIAL COURT PROPERLY INSTRUCT ON THE ESSENTIAL ELEMENTS OF THAT OFFENSE IN VIOLATION OF CALIFORNIA PENAL CODE § 1193(f), CALIFORNIA PENAL CODE § 1259, AND CALIFORNIA PENAL CODE § 1437.5, AND THEREBY PREJUDICIALLY VIOLATE DEFENDANT'S RIGHT TO A JURY TRIAL AND DUE PROCESS OF LAW?

WHETHER THE TRIAL COURT FAILED TO PROPERLY INSTRUCT ON THE JURY INSTRUCTION ON SELF DEFENSE AND IMPERFECT SELF DEFENSE IN VIOLATION OF DEFENDANT'S DUE PROCESS RIGHTS?

DID THE TRIAL COURT PREJUDICIALLY ERR BY INSTRUCTING THE JURY ON THE PRINCIPLES OF LAW GOVERNING CONCEALMENT OR DESTRUCTION OF EVIDENCE THEREBY VIOLATING DEFENDANT'S DUE PROCESS RIGHTS?

DID TRIAL COUNSEL RENDER INEFFECTIVE ASSISTANCE OF COUNSEL REGARDING THE CONCEALMENT OF DESTRUCTION OF EVIDENCE INSTRUCTION AND THEREBY VIOLATE DEFENDANT'S SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL?

WHETHER DEFENDANT'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL REGARDING THE FAILURE TO REQUEST A LESSER INCLUDED OFFENSE INSTRUCTION ON ANOTHER FELONY CRIME?

DID THE COMBINED EFFECT OF THE TRIAL ERRORS DEPRIVE DEFENDANT OF A FAIR TRIAL?

Question Presented (AI Summary)

Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2017-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Arrion L. Crew
Arrion Lee Crew — Petitioner