No. 18-9137

Michael D. Hickingbottom v. Indiana

Lower Court: Indiana
Docketed: 2019-05-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-material civil-procedure civil-procedure-filing-deadlines due-process ineffective-assistance-of-counsel notice-of-appeal post-conviction-relief prison-mailbox-rule prosecutorial-misconduct standing
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Does The Prison Mail Box Rule Announced In Excuse(s) The Filing of Late Notice of Appeals Which were Filed Statutory Dead line?

2. Was The state Court Reliance On Becher v. state, Ggd N.E. 2d ll1s(Ind. 1947) As Its Reason For Refusing To Allow Brady Petitioner To Review The Prosecution's File When Material was Discovered, Contrary To The states And Federal Trial Rules d-37 Concerning Discovery And clearly Brady V. Maryland 373u.s. 83, 10 L.ED.2D 15 s.ct. liss(inas) where these Courts Held That The Due Process e which Is Material Either To Provide The Defense with Evidence Thrugh The To Guilt Or To Panishment, And That Searching Police Report Files May work Out In Practice?

3. Did The Discovery of Which Demonstrates The Fundamental Error Duk To The Knowingly use of Perdury Hickingbsttom Hearing New Trial or An Evidentiary Pursuant to Nafue v. Illindis 360 u.s. 264 (1454), (hbh1 pZL1)?

4. Was Hickingbotton deprived of his sixth and Fourteenth Amendment Rights To The Effective Assistance of Trial counsel when Counsel failed To Obdect To The Perlured Testimgnial Evidence, and Failure To File A Motion For A New Trial on The Grounds of Prosetuter Misconduct For Concealng Brady Material Which Cauld Have Proven P Petitioners ActualInnokense, Once learning of the states Concealment?

Question Presented (AI Summary)

Does the prison mailbox rule announced in Houston v. Lack, 487 U.S. 266 (1988) excuse the late filing of the notice of appeals which were filed in the wrong clerk by the prison law clerk?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-04
Waiver of right of respondent Indiana to respond filed.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2019)

Attorneys

Indiana
Stephen Richard Creason — Respondent
Michael D. Hickingbottom
Michael D. Hickingbottom — Petitioner