No. 19-8532

Lester B. Lynch v. Beth Cabell, Warden

Lower Court: Virginia
Docketed: 2020-05-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland burden-of-proof constitutional-rights due-process exculpatory-evidence habeas-corpus prosecutorial-misconduct strickler-v-greene
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Were the petitioner's 5th and 14th Amendment rights violated when the
Commonwealth failed to provide the trial court with exculpatory evidence?

a. Did the trial court err in failing to consider the Petitioner's initial PostTrial Brief in its ruling?

b. Did the trial court err in considering only Attorney Anderson's hearing
testimony in denying Petitioner's Writ of Habeas Corpus?

c. Did the trial court err in holding that the Petitioner did not meet the
burden of proving that the Commonwealth suppressed the statements
at issue?

2. Did the trial court err in interpreting Strickler v. Greene, 527 U.S. 263, 119
S. Ct. 1936 (1999) to require a Petitioner for Writ of Habeas Corpus to carry
the burden to prove that the evidence was suppressed?

Question Presented (AI Summary)

Were the petitioner's 5th and 14th Amendment rights violated when the Commonwealth failed to provide the trial court with exculpatory evidence?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-12
Waiver of right of respondent Beth, Warden, Sussex II State Prison Cabell to respond filed.
2020-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2020)

Attorneys

Beth, Warden, Sussex II State Prison Cabell
Toby Jay HeytensOffice of the Attorney General, Respondent
Lester Lynch
Edward Anthony Fiorella Jr.Fraim & Fiorella, P.C., Petitioner