No. 19-8727

Felton Ladell Humphries, Jr. v. S. Sherman, Warden

Lower Court: Ninth Circuit
Docketed: 2020-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights criminal-procedure due-process first-degree-murder jury-instruction self-defense voluntary-manslaughter
Latest Conference: 2020-09-29
Question Presented (from Petition)

DOES HUMPHRIES HAVE A FUNDAMENTAL RIGHT GUARANTEED BY THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO A PROPERLY INSTRUCTED JURY DETERMINING THAT ALL ELEMENTS OF THE CHARGED CRIMES HAVE BEEN PROVEN BEYOND A REASONABLE DOUBT?

WAS HUMPHRIES ENTITLED TO A JURY INSTRUCTION PINPOINTING HIS THEORY OF DEFENSE AND WAS HE ENTITLED TO THE REQUESTED JURY INSTRUCTION CALCRIM NO. 571 VOLUNTARY MANSLAUGHTER IMPERFECT SELF-DEFENSE?

WHERE AN HONEST AND REASONABLE BELIEF IN THE NEED TO DEFEND IS A COMPLETE DEFENSE, DOES AN HONEST BUT UNREASONABLE BELIEF REDUCE THE HOMICIDE TO MANSLAUGHTER LAW?

DID THE TRIAL COURT COMMIT REVERSIBLE ERROR BY REFUSING HUMPHRIES REQUESTED INSTRUCTION ON IMPERFECT SELF-DEFENSE?

DID THE PROSECUTION PRESENT SUBSTANTIAL EVIDENCE TO SUSTAIN A PREMEDITATION AND DELIBERATE FIRST DEGREE MURDER CONVICTION?

DOES THE NINTH CIRCUIT COURT OF APPEALS HAVE INHERENT AUTHORITY TO DEEM HIS REQUEST FOR CERTIFICATE OF APPEALABILITY AS A REQUEST FOR EXTENSION OF TIME?

Question Presented (AI Summary)

Whether the petitioner was entitled to a jury instruction on his theory of defense and the requested jury instruction on voluntary manslaughter and imperfect self-defense

Docket Entries

2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-07
Waiver of right of respondent S. Sherman, Warden to respond filed.
2020-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2020)

Attorneys

Felton Ladell Humphries
Felton Humphries — Petitioner
S. Sherman, Warden
Stephanie BrenanCalifornia Department of Justice - Office of the Attorney General, Respondent