No. 19-7390
Marshall Henry Ellis v. Oklahoma
IFP
Tags: constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment
Latest Conference:
2020-03-20
Question Presented (from Petition)
1. Is a defendant serving Life for Murder I entitled to newly discovered
exculpatory material when that material would make it more likely that
the defendant would have been charged with a lesser offense.
(a) Did the State Court's procedural bar violate the Fifth and Sixth
Amendment to the Constitution of the United States?
2. Does a state waiver doctrine violate U.S. Constitutional due process
rights when it precludes a defendant from arguing issues that are newly
discovered?
Question Presented (AI Summary)
Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the defendant would have been charged with a lesser offense
Docket Entries
2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)
2019-11-13
Application (19A506) granted by Justice Sotomayor extending the time to file until January 21, 2020.
2019-10-31
Application (19A506) to extend the time to file a petition for a writ of certiorari from November 19, 2019 to January 18, 2020, submitted to Justice Sotomayor.
Attorneys
Marshall Henry Ellis
Marshall Henry Ellis — Petitioner