No. 19-7039

Kevin Lee Beam v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.

Lower Court: Third Circuit
Docketed: 2019-12-20
Status: Denied
Type: IFP
IFP
Tags: actual-innocence brady-violation constitutional-rights dna-evidence due-process exculpatory-evidence fair-trial fetal-dna miranda-rights right-to-fair-trial self-incrimination sentencing-statute
Latest Conference: 2020-02-21
Question Presented (from Petition)

Does the misguided destruction of exculpatory fetal DNA tissue evidence belonging to the victim by the Respondent constitute a "Brady Violation" where such evidence would have established Petitioner's actual innocence?

Does the invalidation of Pennsylvania's Mandatory Minimum Sentencing Statute [based upon this Court's opinions in Alleyne and Montgomery rendering it unconstitutional] have retroactive effect on state post-conviction review as such invalidation constitutes a substantive change in constitutional law which dictated the length of Petitioner's sentence?

Does interrogating Petitioner without reading him his "Miranda Rights" violate his constitutional right against self-incrimination where the line questioning was direct to him as a suspect, instead of a witness in order to elicit an incriminating statement?

Does the suppression of "Low IQ Evidence" from the jury deny Petitioner his right to a fair trial and due process of law where he was precluded from challenging the voluntariness of his coerced vague confession?

Question Presented (AI Summary)

Does the misguided destruction of exculpatory fetal DNA tissue evidence constitute a Brady violation?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2019-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)

Attorneys

Kevin L. Beam
Kevin Lee Beam — Petitioner