No. 19-7289

Willis Shane Gordon v. Sam Cline, Warden

Lower Court: Tenth Circuit
Docketed: 2020-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines
Latest Conference: 2020-02-21
Question Presented (from Petition)

Whether the Kansas courts violated petitioner's Sixth Amendment right to effective assistance of counsel, his Fifth Amendment right against self-incrimination, his Fourteenth Amendment right to due process, and his constitutional protection against double jeopardy by: (1) applying Kansas Sentencing Guidelines in violation of Apprendi v. New Jersey; (2) permitting prosecution questions concerning petitioner's post-arrest silence in violation of Doyle v. Ohio; (3) withholding exculpatory evidence in violation of Brady v. Maryland; (4) providing ineffective assistance of counsel; and (5) allowing the State to define its way around Double Jeopardy protections under Blockburger v. United States.

Question Presented (AI Summary)

Issues being raised

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-16
Waiver of right of respondent Sam Cline to respond filed.
2019-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)

Attorneys

Sam Cline
Toby CrouseOffice of Attorney General Derek Schmidt, Respondent
Willis Shane Gordon
Willis Shane Gordon — Petitioner