No. 20-5107

Vernon Montgomery v. Delaware

Lower Court: Delaware
Docketed: 2020-07-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure civil-procedure constitutional-review court-review due-process judicial-duty legal-argument perjury probable-cause prosecutorial-misconduct standing
Key Terms:
CriminalProcedure
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether the State Court allowed an illegal and unconstitutional search, without Probable Cause at the inception, based on an affidavit containing an omitted perjury or false oath, specifically if the Officer purposely omitted or failed to disclose material evidence that has only been later "come to light" or implied data at late advocacy. More specifically if the Officer stated under oath in his affidavit-of-belief that the evidence was found at the execution of the search warrant, and Defense was able to prove the AC as an able right that tore to a false Probable Cause, the evidence from Conviction be Severed because it missed, especially where different statements about the same Conviction them is irrelevant.

Does a State Appellate Court have to Address the Complaint of Appellant in lower Court? Specifically if Appellant's first and strongest Argument is a "legal asset" where amselland specifically for 2) of 35 pages since that portion (second) should not be considered in Probable Cause analysis because the deal page held tread Bound Argument. Does the State appellate Court have to hear Argument in its opinion, especially if the two inquestion was the sole or tipping paid for the Probable Cause reading?

In accordance with questions 1&2, In Deference review Does the State appellate Court rule alee? perjury As A prosecutorial strategy?

Why the stenographer did not sign the declarative certifying that the transcript was an Accurate Account of proceedings as Law requires? Defendant moved the State Court on the audio recording of the Defendant's extant dole proceeding to peace veracity of his allegation?

Question Presented (AI Summary)

Does a State's appellate court have to address the contentions of its appellant in its opinion?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-24
Waiver of right of respondent Delaware to respond filed.
2020-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2020)

Attorneys

Delaware
Maria Teresa KnollOffice of the Attorney GeneralState of Delaware,, Respondent
Vernon Montgomery
Vernon Montgomery — Petitioner