No. 18-9745

Marion Wilson, Jr. v. Georgia

Lower Court: Georgia
Docketed: 2019-06-20
Status: Denied
Type: IFP
IFP
Tags: capital-case capital-punishment dna-testing due-process eighth-amendment equal-protection forensic-evidence procedural-issues procedural-safeguards
Latest Conference: N/A
Question Presented (from Petition)

1. Was Petitioner denied due process by the state court's refusal to provide a hearing that was mandated by Georgia's DNA statute, particularly given Petitioner's overriding interest in avoiding being executed on the basis of false evidence, the increased likelihood of an erroneous ruling in the absence of such a hearing, and the State's minimal interest in expediency —an interest that should give way to the far greater societal interest in preventing a miscarriage of justice?

2. In considering the potential impact of favorable DNA results, did the Georgia court violate Petitioner's rights under the Eighth and Fourteenth Amendments by limiting its consideration of the evidence to the trial evidence viewed in the light most favorable to the prosecution, instead of considering all the evidence developed in the case that bears on Petitioner's culpability?

3. In a capital case, does a state violate the Eighth Amendment by limiting DNA testing to cases in which the evidence would potentially acquit the defendant, even where it is reasonably probable that favorable DNA results would have resulted in a sentence less than death?

4. Does Georgia's DNA statute violate Equal Protection, Due Process, and the Eighth Amendment by targeting death-sentenced inmates and limiting their access to DNA on the basis of when the extraordinary motion for new trial was filed?

Question Presented (AI Summary)

Whether the state court's refusal to provide a hearing mandated by Georgia's DNA statute denied due process

Docket Entries

2019-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)
2019-06-20
Application (18A1345) for a stay of execution of sentence of death, submitted to Justice Thomas.
2019-06-20
Brief of respondent Georgia in opposition filed.
2019-06-20
Application (18A1345) referred to the Court.
2019-06-20
Reply of petitioner Marion Wilson filed.
2019-06-20
Application (18A1345) denied by the Court.
2019-06-20
Petition DENIED.

Attorneys

Marion Wilson
Marcia A. WidderGeorgia Resource Center, Petitioner
The State of Georgia
Patricia Beth BurtonState Law Department, Respondent