No. 20-5425

Rasheen J. Gamble v. New York

Lower Court: New York
Docketed: 2020-08-20
Status: Denied
Type: IFP
IFP
Tags: confrontation-clause criminal-procedure cumulative-error dna-evidence due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct
Latest Conference: 2020-10-16
Question Presented (from Petition)

I.
WAS DEFENSE COUNSEL INEFFECTIVE FOR
CONSENTING TO THE PROSECUTOR'S EXTREMELY
UNTIMELY REQUEST FOR A DNA SAMPLE —A MOVE
THAT THE APPELLATE DIVISION DETERMINE DIDN'T
GREATLY PREJUDICE ME, EVEN UNDER FEDERAL STANDARDS.
STRICKLAND V. WASHINGTON, 466 U.S. 668,694. U.S.
CONST. AMENDS. VI. XIV.

II.
UNDER FEDERAL STANDARDS, DID TRIAL COURT
VIOLATE MY DUE PROCESS RIGHT TO CONFRONTATION
BY PRECLUDING DEFENSE COUNSEL FROM CROSS-EXAMINING '
A KEY WITNESS ABOUT A PRIOR ARREST. CONTRARY TO THE
APPELLATE DIVISION FINDINGS. DELAWARE V. VAN ARSDALL,
475 U.S. 673, 678-679. U.S. CONST. AMENDS. VI. XIV.

III.
DID THE CUMULATIVE EFFECT OF THE PROSECUTOR'S
REMARKS, THAT THE APPELLATE DIVISION DEEMED HARMLESS,
DEPRIVE ME OF MY DUE PROCESS RIGHT TO A FAIR TRIAL,
UNDER FEDERAL STANDARDS. U.S. CONST., AMEND. XIV.

Question Presented (AI Summary)

Was defense counsel ineffective for consenting to the prosecutor's extremely untimely request for a DNA sample?

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2020)

Attorneys

Rasheen J. Gamble
Rasheen Gamble — Petitioner