No. 20-5430

Anthony G. Meyers v. Cathy Jess, Warden

Lower Court: Seventh Circuit
Docketed: 2020-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law duty-to-retreat first-degree-reckless-homicide homicide ineffective-assistance-of-counsel jury-instructions self-defense utter-disregard
Latest Conference: 2020-10-09
Question Presented (from Petition)

1. Was there sufficient evidence of utter "utter disregard for human life" to support a first degree reckless homicide conviction?

2. Should additional jury instructions, specifically JI-810 have been requested to point out Meyers had no duty to retreat in his own home?

3. Was trial counsel ineffective for failing to request second degree reckless homicide as a lesser-included offense?

4. Was defense counsel ineffective for agreeing not to introduce the victim's violent past known to the defendant at the time of the homicide occurred?

5. Was trial counsel ineffective for failing to request additional and/or different jury instructions for the self-defense, of which pointed out that Meyers had no legal duty to retreat in his own home?

6. Was trial counsel ineffective for failing to argue, move, and/or in any other way put forth the notion that there was a totality of the evidence showing that "utter disregard" of the victim's life would be an inappropriate finding in this case?

Question Presented (AI Summary)

Was there sufficient evidence of utter disregard for human life to support a first degree reckless homicide conviction?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-10
Waiver of right of respondent Cathy Jess, Warden to respond filed.
2020-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2020)

Attorneys

Anthony G. Meyers
Anthony G. Meyers — Petitioner
Cathy Jess, Warden
Sara L. ShaefferWisconsin Department of Justice, Respondent