No. 18-5807

Peter R. Rubens v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
IFP
Tags: brady brady-violation cross-examination due-process prosecutorial-misconduct sixth-amendment structural-error witness-intimidation
Latest Conference: 2018-10-26
Question Presented (from Petition)

Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually offers to pay a key defense witness to prevent her from testifying at trial?

Is it "structural error" when the trial court judge refuses to bring this key defense witness "in-chambers" to put these threats, coercion, intimidation, and offers of payment into the trial court record for appellate review?

Is it an abuse of discretion for the trial court judge to state into the record, "this had nothing to do with the trial," despite repeated requests by defense counsel?

Is it a violation of Due Process of Law when the Orleans Parish District Attorney's Office illegally use "fake subpoenas" to threaten, coerce, and intimidate key defense witnesses?

Is it permitted for a defendant to supplement the record with prosecutorial files that clearly prove a claim pursued with diligence through all state and federal courts?

Is it thwarting a valid claim when the prosecution conceals facts that prove a defendant's claim?

Is "Brady" evidence turned over "in-chambers" by the Orleans Parish District Attorney's Office during trial still "Brady" and subject to Brady's requirements?

Is it a violation of defendant's Sixth Amendment right to cross-examination when the trial judge "in-chambers" stops trial counsel from asking state witnesses about this impeaching evidence?

Question Presented (AI Summary)

Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually offers to pay a key defense witness to prevent her from testifying at trial?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Peter R. Rubens
Peter R. Rubens — Petitioner