No. 18-9281

Randy Burke v. Diane Prosper, Acting Warden, et al.

Lower Court: Virgin Islands
Docketed: 2019-05-15
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel
Key Terms:
Securities
Latest Conference: 2019-10-01
Question Presented (from Petition)

INEFFEcTiVE ASSisTANCE OF COSEL is A 6AMENdMENT RiGHT ViolaTiON

WItNES BEATRCE RENCE WHN TRiA COUNSEL EWTHAt is Cien RDBuRKE HAVE THE RigHT To bE CONFRONTEd WiTH THE WItNESSESS AGANST HiM?

WHY TRiAL COUNSEL FAiled To ObJeCT To JuRY iNSTRUCtiONS WHiCH sTAted To ViEW diReCT ANd CiRCuusTantial EvidenCe As The SaMe BY TRiaL CouRT WhO FuRThER STated That The Law Makes No distivction Between The Two?

WHY TRial CouuseL Failed To Calland PResenT FacTual WitNess"The Medical ExamiveR MICHELLE DUPRE WHOSE TESTiMONY s PROFESSONAL ANd EXPERT To REbUTt The PROSECUTIONS AReadY Weak Case.

WHY TRiaL CouNseL Failed To bRiNG To The JuRoRs AttentioN That The deFendanT ON TRiaL WAS ACQUiTTEd OF The CHARGE OF POSSESSiON OF A FiReARM dURiNG The COMMiSSiON OF A CRiMe OF VioleNCE.

WHY TRiAL CouNsEL Failed To bRiNG To The JuRoRs AttentioN That AccoRdiNG To The EYE WITNESS BEATRICE LAWRENCE'S STATEMENT OF SEEiNG RANDY BURKE SHOOT AGUN iN The AiR ANd NoT At VictimyWAs NoT AN iNTentiONaL AcT oF MuRdeR BuT RATheR 2nd deGRee MuRdeR OR ManslauGHTeR.

Question Presented (AI Summary)

Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2019)

Attorneys

Randy Burke
Randy Burke — Petitioner