No. 18-9000

Johnnie Sterling, Jr. v. Ronda Pash, Warden

Lower Court: Eighth Circuit
Docketed: 2019-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1257 4th-amendment 5th-amendment 6th-amendment certificate-of-appealability constitutional-rights dna-testing due-process post-conviction-relief skinner-v-switzer subject-matter-jurisdiction
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-06-06
Question Presented (from Petition)

should the United states Eighth Circuit Court of Appeals have granted the Certificate of Appealability in case no. 11-2511, where no reasonable jurist would have denied that the appellants United State Constitutional rights under the 5th, 6th and 11th amendments were violated as presented y the petitioner in his certificate o appealability to that Eighth circuit, and should have heen or should have been transferred to this United state Supreme Court for lack of subject matter Jurisdiction according to the discussions in Skinner v. witzer, 131 .Ct. 1299 (2011) and pursuant to title 21 1257, where appellants claims relate to similar procedural due process violation?

Also:

Does the Missouri DNA post-conviction procedure under section s 547.135 (7)(3), evised Statute of Missouri, in all similarities foreclose DNA testing to a Missouri defendant's who seeks testing through this DNA post-conviction procedure where that defendant failed to have sought DNA testing before trial began in their case?

if a defendant claimed innocence throughout his defense upon arrest, at trial and requested under "actual innocence" requested through this Missouri procedure "MIOCHONDRIAL DNA" testing of a hair in his DNA post-conviction motion pursuant to 57.035, should the petitioner Sterling be denied the exculpatory results o the Miochondrial DNA testing of the hair found at the crime scene inside the victims to support his innocence?

Question Presented (AI Summary)

Should the United States Eighth Circuit Court of Appeals have granted the Certificate of Appealability in case no. 18-2519, where no reasonable jurist would have denied that the appellants' United States Constitutional rights under the 5th, 6th and 4th amendments were violated as presented by the petitioner in his certificate of appealability to that Eighth Circuit, and should have been transferred to this United States Supreme Court for lack of subject matter jurisdiction according to the discussions in Skinner v. Switzer, 131 S.Ct. 1239 (2011) and pursuant to title 28 U.S.C.S. 1257, where appellants' claims relate to similar procedural due process violations?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent Ronda Pash to respond filed.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Johnnie Sterling
Johnnie Sterling — Petitioner
Ronda Pash
Julie Marie BlakeMissouri Attorney General's Office, Respondent