No. 18-6475

Lewis Wright v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2018-10-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias
Latest Conference: 2018-11-30
Question Presented (from Petition)

WHETHER THE COURT OF COMMON PLEAS ERRED IN LIMITING MR. STEEN ABILITY TO ESTABLISH WITNESS JOSEPH FARLEY'S BIAS WHERE MR. STEIN WAS PREVENTED FROM INQUIRING INTO FARLEY'S ARREST AND CONVICTION OF PROSTITUTION AND SOLICITATION IN ORDER TO ASCERTAIN WHETHER THERE WERE PROBATION VIOLATIONS AND OTHER POSSIBLE PENALTIES, AND WHETHER FARLEY'S CASES OR SENTENCING HAD BEEN POSTPONED UNTIL AFTER HE HAD TESTIFIED AGAINST PETITIONER WRIGHT AND WHETHER STARE DECISIS WAS FOLLOWED AND WHETHER PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS WERE VIOLATED WHEN STATE APPELLATE COURT CONFIRMED CONVICTION?

WHETHER A DEFENDANT IS DENIED THE RIGHT TO EFFECTIVE CROSS EXAMINATION WHERE DEFENSE COUNSEL, ALTHOUGH PERMITTED TO ASK A PROSECUTION WITNESS ABOUT ARREST AND CONVICTIONS, IS PRECLUDED FROM MAKING A RECORD FROM WHICH TO ARGUE BEFORE THE JURY THAT THE WITNESS'S TESTIMONY WAS MOTIVATED BY HELP HE WAS RECEIVING FROM THE PROSECUTION TO GET HELP WITH HIS PROBATION VIOLATION AND A LIGHT SENTENCE OUTSIDE OF THE SENTENCING GUIDELINES?

WHEN COMMONWEALTH ATTORNEY DAWN HOLTZ FAILED TO DISCLOSE TO THE DEFENSE THAT JOSEPH FARLEY WAS GOING TO BE SENTENCED AS A PAROLE VIOLATOR, KNOWINGLY USED PERJURED TESTIMONY AND FAILED TO CORRECT PERJURED TESTIMONY WAS BRADY V. MARYLAND, 373 U.S. 83, (1963), KYLES V. WHITLEY, 514 U.S. 419 (1995) and BANKS v. DRETKE, 540 U.S. 668 (2004) VIOLATED ALONG WITH THE SUPREMACY CLAUSE?

Question Presented (AI Summary)

Whether the court of common pleas erred in limiting Mr. Stein's ability to establish witness Joseph Farley's bias

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Waiver of right of respondent Pennsylvania to respond filed.
2018-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Lewis Wright
Lewis Wright — Petitioner
Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent