No. 19-6461

Vernon Allen Collins v. Maryland

Lower Court: Maryland
Docketed: 2019-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: advisory-jury-instructions civil-rights collateral-challenges coram-nobis criminal-conviction criminal-procedure due-process habeas-corpus hearsay-rule jury-instructions laches laches-defense structural-errors
Latest Conference: 2019-12-06
Question Presented (from Petition)

(0). TO DETERMINE WHETHER OR NOT A WRIT OF ERROR CORAM NOBIS PETITION CAN BE BARRED UNDER THE TWO PRONG TEST UNDER THE DOCTRINE OF A LACHES DEFENSE THAT CHALLENGES THE CONSTITUTIONALITY OF A CRIMINAL CONVICTION UNCONSTITUTIONALLY ACQUIRED UNDER STRUCTURAL ERRORS DEFICIENT ADVISORY ONLY JURY INSTRUCTIONS THAT TOLD JURORS THE COURTS INSTRUCTIONS COULD BE DISREGARD AS TO THE PRESUMPTION OF INNOCENCE AND THE STATE'S BURDEN TO PROVE GUILT BEYOND A REASONABLE DOUBT?

(00) TO DETERMINE WHETHER UNDER THE DOCTRINE OF A LACHES DEFENSE TWO PRONGS TEST OF UNREASONABLE DELAY AND PREJUDICE CAN A PETITION FOR WRIT OF ERROR CORAM NOBIS CAN BE BARRED BASE ON SPECULATIVE CONCLUSIONS FORMER WITNESSES WHO TESTIFIED MAY NOW BE UNAVAILABLE TO TESTIFY WITHOUT A TRANSCRIPT WILL PREVENT UTILIZATION OF THE FORMER TESTIMONY EXCEPTION TO THE HEARSAY RULE FOR RE-PROSECUTE WITHOUT THE COURT HAVING FIRST FOUND PROOF OF UNAVAILABILITY OF THE FORMER WITNESS WHICH IS A PREREQUISITE UNDER THE EXCEPTION TO THE HEARSAY RULE ?

(III) TO DETERMINE WHETHER OR NOT THE PUBLICATION OF SKOK AND JENKINS DECISIONS IN 2000 COULD SERVED TO HAVE PUT COLLINS ON NOTICE OF A POTENTIAL CAUSE TO CHALLENGE HIS 1972 CONVICTION AND HIS FAILURE TO SEEK CORAM NOBIS RELIEF IN 2000 COULD BE BARRED UNDER THE DOCTRINE OF LACHES ALTHOUGH UNTIL UNGER WAS DECIDE IN 2012 STATE IMPEDIMENTS LAWS OF WAIVER AND NON-RETROACTIVITYENJOJNED ANY COLLATERAL CHALLENGES TO ADVISORY ONLY JURY INSTRUCTIONS?

Question Presented (AI Summary)

Whether a writ of error coram nobis petition can be barred under the two-prong test of the laches defense that challenges the constitutionality of a criminal conviction unconstitutionally acquired under structural errors deficient advisory-only jury instructions

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-04
Waiver of right of respondent Maryland to respond filed.
2019-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2019)

Attorneys

Maryland
Carrie J. Williams — Respondent
Vernon Allen Collins
Vernon Allen Collins — Petitioner