No. 18-8149

Michael Achilles Fries v. Xavier Becerra, Attorney General of California, et al.

Lower Court: Ninth Circuit
Docketed: 2019-02-27
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-law constitutional-rights due-process equal-protection fair-trial free-speech fundamental-fairness judicial-review legal-precedent standard-of-review statutory-interpretation
Latest Conference: 2019-04-26
Question Presented (from Petition)

Does the State have a Constitutional duty to bear the burden of proving that an error in enforcement in order to obtain a conviction, and/or a fair vote of comity and fair and rigorous effect upon the jury verdict in violation of the OSCA. 1st, 4th, 6th, and 14th?

Should the lower Court's squarely apply a different standard in reviewing fundamentally flawed proceedings; And did the deferring to the Ninth Circuit in en banc finding in Habeas Corpus, lower Courts that petitioner procedurally defaulted, in lieu of affirming les OSCA. 1st, 4th, 6th, and 14th?

Question Presented (AI Summary)

Whether the lower court's order denying the petitioner's request for a fair review of court and jury proceedings violated the petitioner's constitutionally secured rights to due-process, equal-protection, free-speech, 6th-amendment, fair-trial, and fundamental-fairness in the criminal proceedings, and whether the court erred in denying the petitioner's request to rediscover evidence to support their claims in lieu of applying the standard for appellate review of the conviction and sentence.

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-05-23
Petition for Rehearing filed.
2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2018-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Michael Achilles Fries
Michael Fries — Petitioner