No. 19-8185

Floyd Dewaine Scott v. California

Lower Court: Ninth Circuit
Docketed: 2020-04-06
Status: Denied
Type: IFP
IFP
Tags: due-process eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2020-06-04
Question Presented (from Petition)

1] Did the California State Superior Court,Los Angeles County,
Compton Branch violate the Petitioner's Due Process ,Sixth
Amendment Rights,and Eighth Amendant Rights when it violated a
Federally Granted Writ of Habeas Corpus in which it was given
in writing ninety days to release or retry within ninety days
but took six hundred and eighty four days to retry the Petitioner
with fivehundred ninety four days after the ninety days time limit expired .

2] Did The California State Superior Court,Los Angeles County,
Compton Branch violate the Petitioner's Due Process ,Sixth
Amendment Rights,and Eighth Amendment Rights when it Acted in
Excess of its Jurisidiction , Once it violated the ninety day
time limit of The Federally Granted Writ of Habeas Corpus .

3] Did the State of California 's,County of Los Angeles Prosecutor
violate the Petitioners Due Process ,Sixth Amendment Rights and
Eighth Amendment Rights when she withheld Exculpatory and
Impeaching Evidence, Medical Records of the Alleged Victim .

4] Was the Petitioner's Trial Attorney Ineffective in Assistance
of Counsel when he failed to fully investigate the Exculpatory
and Impeaching Evidence, Medical Records of the Alleged Victim
which would have Exonerated the Petitioner and Shown Factual
Innocense .

5] Did The California State Superior Court ,Compton Branch, The
Second Appellant District Court of Appeals, and The California
State Supreme Court violate The Petitioner's Due Process Rights,
Sixth Amendment Rights and Eighth Amendment Rights when they
denied the Petitioner an Evidentiary Hearing on his Writ of
Mandate for F,R,C,P, Rule 60(b) Motion for Brady Violations,
Excess of Jurisdiction,Factual Innocent Claim, Prosecutorial
Misconduct, and Ineffective Assistance of Councel Claims .

6] Did The United States District Court, Central District,
California, Los Angeles violate the Petitioners Due Process,
Sixth Amendment Rights,and Eighth Amendment Rights when it failed
to Maintain Jurisdiction over The Granted Writ of Habeas Corpus
that The State Court Violated and Failed to Grant The Petitioner
an Evidentiary Hearing for his F.R.C?P.Rule 60(b) Motion
Factual Innocense, Brady Violations, Excess of Jurisdiction,
Prosecutorial Misconduct, and Ineffective Assistance of Councel..

7] Did The United _States Court of Appeals for The Ninth Circuit
Violate The Petitioners Due Process Rights,Sixth Amendments
Rights, and Eighth Amendment Rights when it denied The Petitioner
a Certificate of Appealability for an already Granted Certificate
of Appealibility from the District Court, Denying The Petitioner
an Evidentiary Hearing on the Brady Violations ,Factual Innocense
Claim, Excess of Jurisdiction ,Prosecutoral Misconduct,Ineffective Assistance of Councel Claims .

Question Presented (AI Summary)

Did the California State Superior Court violate the Petitioner's Due Process, Sixth Amendment, and Eighth Amendment rights

Docket Entries

2020-09-11
Rehearing DENIED.
2020-08-20
DISTRIBUTED.
2020-06-16
Petition for Rehearing filed.
2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2020)

Attorneys

Floyd Scott
Floyd Dewaine Scott — Petitioner