No. 18-8014

Wyley Tomas Baird v. Tammy Foss, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2019-02-19
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari
Latest Conference: 2019-04-18
Question Presented (from Petition)

Was Petitioner denied a Constitutional due process of law and the right to be convicted only upon proof beyond a reasonable doubt in the absence of substantial evidence that the conduct was perpetrated with the requisite force, fear, violence, duress, or fear of bodily injury?

II. Was Petitioner denied a fair trial due process of law and the right to be convicted only upon proof beyond a reasonable doubt in the absence of substantial evidence that conduct was perpetrated with requisite force, fear, violence, duress, or fear of bodily injury?

III. Was Petitioner denied a fair trial and due process of law and the right to determine each element of an offense beyond a reasonable doubt where the trial court failed to instruct the jury on an essential element of the crime of aggravated sexual assault by means of sexual penetration by force?

IV. Was Petitioner denied a fair trial and due process of law where the prosecution seeks to inflame the passions of a prejudice witness during trial regarding uncharged sexual abuse while the evidence was grievously prejudicial and was elicited without agreed upon notice to the information opined?

V. Was Petitioner denied a fair trial and due process of law, the right to effective assistance of counsel and the right to strike potentially biased jurors, called to obtain medical expert misconduct by prosecutor and two pretrial Marsden motions were denied?

Question Presented (AI Summary)

Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt?

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2018-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2019)

Attorneys

Wyley Tomas Baird
Wyley Tomas Baird — Petitioner