No. 19-5712

Ivan Lee Vasquez v. California

Lower Court: California
Docketed: 2019-08-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-rights content-based-messaging fair-trial fourteenth-amendment inherently-prejudicial sixth-amendment trial-spectator-conduct
Latest Conference: 2019-11-01
Question Presented (from Petition)

1. May trial spectator conduct, in the form of content-based messaging, be "'so inherently prejudicial as to pose an unacceptable threat'" to the fair trial and confrontation rights guaranteed by the Sixth and Fourteenth Amendments?

2. If the presence of trial spectators declaring themselves, "Bikers Against Child Abuse," is not "inherently prejudicial," must the Government nevertheless prove it is harmless beyond a reasonable doubt, by demonstrating, inter alia, it could not have intimidated the jury or unfairly bolstered a witness's credibility in a manner that could affect the outcome of the trial?

Question Presented (AI Summary)

May trial spectator conduct, in the form of content-based messaging, be 'so inherently prejudicial as to pose an unacceptable threat' to the fair-trial and confrontation rights guaranteed by the Sixth and Fourteenth Amendments?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-02
Waiver of right of respondent The State of California to respond filed.
2019-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2019)

Attorneys

Ivan Vasqez
Elizabeth GarfinkleLaw Offices of Elizabeth Garfinkle, Petitioner
The State of California
Scott C. TaylorCalifornia Attorney General, Respondent