No. 19-7866

Farid Popal v. Stephen Brown

Lower Court: Second Circuit
Docketed: 2020-03-04
Status: Denied
Type: IFP
IFP
Tags: civil-rights confrontation-clause constitutional-violation criminal-procedure due-process habeas-corpus witness-tampering
Latest Conference: 2020-05-15
Question Presented (from Petition)

WHETHER THE U.S. CONSTITUTION PROTECTS WITNESSES FROM BEING TAMPERED
WITH WHEN DETECTIVE WAS WHISPERING INTO HIS EARS DURING LIVE SKYPE
TESTIMONY IN OPEN COURT, AND WHETHER WHISPERING INTO THE EAR OF
TESTIFYING WITNESS IN OPEN COURT IS A VIOLATION OF A CRIMINAL
DEFENDANT'S DUE PROCESS RIGHTS THAT PREVENTED HIM FROM CROSS
EXAMINING WITNESS AND PRESENTING A COMPLETE DEFENSE, AND WHETHER
SAID CONDUCT IS SANCTIONED BY THIS COURT'S PRECEDENT LACKAWANNA
COUNTY DISTRICT ATTORNEY V. COSS , 532 U.S. 394.

WHETHER THE LEAD CASE DETECTIVE'S DOCUMENTED WHISPERING IN THE EAR
OF WITNESS IN OPEN COURT TO DEFEAT PETITIONER'S POST CONVICTION
MOTION PRESENTS A QUESTION OF LAW FOR THE FEDERAL COURT OF APPEALS
TO RESOLVE?

Question Presented (AI Summary)

Whether the U.S. Constitution protects witnesses from being tampered with when a detective was whispering into his ears during live Skype testimony in open court, and whether whispering into the ear of a testifying witness in open court is a violation of a criminal defendant's due process rights that prevented him from cross-examining the witness and presenting a complete defense

Docket Entries

2020-05-18
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2020)

Attorneys

Farid Popal
Farid Popal — Petitioner