No. 18-9613

Matthew L. Smeltzer v. Audrey King

Lower Court: Ninth Circuit
Docketed: 2019-06-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-commitment complete-defense due-process erroneous-standard expert-testimony legal-standard section-2254 volitional-impairment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether Petitioner's due process right to present a complete defense in his civil commitment trial was violated when the state court prevented him from eliciting testimony from his expert witness as to the legal foundation for the proper volitional impairment standard in order to correct an erroneous standard that had been provided previously by the government's experts?

Question Presented (AI Summary)

Whether the petitioner was denied his due process right to present a complete defense during his civil commitment trial when the trial court precluded his expert from providing a legal basis for the proper definition of volitional impairment in order to correct an erroneous standard which had been provided by the state

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-26
Waiver of right of respondent Audrey King to respond filed.
2019-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2019)

Attorneys

Audrey King
Jennifer A. JadovitzOffice of the Attorney General, California Departm, Respondent
Matthew Smeltzer
Jami Lynn FerraraLaw Office of Jami L. Ferrara, Petitioner