No. 18-7582

Ralph Nicholas Canete v. Chuck Keeton, Warden

Lower Court: Ninth Circuit
Docketed: 2019-01-25
Status: Denied
Type: IFP
IFP
Tags: compulsory-process constitutional-rights criminal-procedure due-process evidence fair-trial fifth-amendment fourteenth-amendment material-evidence sixth-amendment
Latest Conference: 2019-03-22
Question Presented (from Petition)

MAY THE DESTRUCTION OF MATERIAL EVIDENCE BY THE GOVERNMENT VIOLATE PETITIONERS RIGHT TO DUE PROCESS GUARANTEED BY THE FIFTH AND FOURTEENTH AMENDMENTS, AND POSSIBLY INFRINGE ON THE SIXTH AMENDMENTS RIGHT TO COMPULSORY PROCESS, RENDERING A CRIMINAL TRIAL FUNDAMENTALLY UNFAIR AND DENYING A DEFENDANT OF A CONSTITUTIONAL RIGHT?

WHETHER THE USE OF SUGGESTIVE IDENTIFICATION PROCEDURES DEPLOYED BY THE STATE, AND SUBSEQUENT IN-COURT IDENTIFICATIONS VIOLATE THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT RENDERING A CRIMINAL TRIAL UNFAIR?

CAN A TRIAL ATTORNEYS POOR PHYSICAL HEALTH AND DEFICIENT PERFORMANCE INFRINGE ON THE SIXTH AMENDMENTS GUARANTEES TO RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, RENDERING AND CRIMINAL TRIAL UNFAIR AND DENYING A DEFENDANT OF A CONSTITUTIONAL GUARANTEE?

Question Presented (AI Summary)

Whether the destruction of material evidence by the government violates the right to due process

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Ralph Nicholas Canete
Ralph Nicholas Canete — Petitioner