No. 19-6427

Ray A. Smith v. John Chapdelaine, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2019-10-31
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence
Latest Conference: 2020-04-03 (distributed 2 times)
Question Presented (from Petition)

1. As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale, fufill their professional responsibilities and obligations as advocates for their client,,through even rudimentary investigation of defense ant andystatexeviderce:available to meet the state's adversarial challenge?

2. Did the District Attorney's Office, by failing to charge defendant Ray Smith by indictment with the infamous crime of First Degree Murder, after deliberation, provide a jurisdictional defect that deprived the District Court of power to act by using another charging document?

3. Was it error for the District Court not to provide defendant's Theory of the Case instruction tailored to defendant's testimony, along with a Choice of fivilEvils instruction to the jury?

4. Was Appellat counsel ineffective for failing to preserve ineffective assist—seceance of counsel and sub-claims submitted to her by defendant to be brought on on Direct Appeal in order to prevent procedure default?

5. Were the prosecutor's personal opinions about the defendant and his testimony which were made to prejudice the jury against him, plain error?

6. Can there be overwhelming evidence of guilt if all of the elements of the charge against the defendant have not been proven, and there are lessor cuur charges in the jury instructions indicating a possibility of aquittal?

Question Presented (AI Summary)

As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale fulfill their professional responsibilities and obligations as advocates for their client, through even rudimentary investigation of defendant and state evidence available to meet the state's adversarial challenge?

Docket Entries

2020-04-06
Rehearing DENIED.
2020-03-18
DISTRIBUTED for Conference of 4/3/2020.
2020-02-02
Petition for Rehearing filed.
2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2019)

Attorneys

Ray A. Smith
Ray A. Smith — Petitioner