No. 18-6485

Richard Elliott Cain v. Washington

Lower Court: Washington
Docketed: 2018-10-29
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant
Latest Conference: 2019-01-04
Question Presented (from Petition)

WHETHER THE TRIAL COURT ERRED IN FAILING TO GIVE THE
JURY A LIMITING INSTRUCTION AFTER PERMITTING CHARACTER
AND PROPENSITY EVIDENCE TO BE INTRODUCED AT TRIAL UNDER
ER 404(h) AND ER 403 WHEN AN INSTRUCTION WAS BOTH
REQUESTED AND PROPOSED BY THE DEFENSE, DEPRIVING MR.
CAIN OF THE RIGHT TO A FAIR TRIAL? - U. S. Const.
Amends. 6 and 14.

WHETHER THE TRIAL COURT ERRED IN FINDING THE SEARCH
WARRANT SEVERABLE, AND IF SO, WHETHER MR. CAIN SUFFERED
PREJUDICE? - U.S. Const. Amends. 4 AND 14.

Question Presented (AI Summary)

Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Richard Cain
Richard Elliott Cain — Petitioner