No. 20-6890

Chong Leng Lee v. Wisconsin

Lower Court: Wisconsin
Docketed: 2021-01-14
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appellate-rights brady-violation court-reporter-act criminal-procedure dismissal due-process evidence-destruction fair-trial transcripts
Latest Conference: 2021-05-20 (distributed 2 times)
Question Presented (from Petition)

1. IS DISMISSAL AVAILABLE TO REMEDY A BRADY VIOLATION AND ALSO DID CHONG ESTABLISH A BRADY VIOLATION THAT WARRANTS DISMISSAL?

2. DOES A YOUNGBLOOD VIOILATION REQUIRE DISMISSAL WHEN BAD-FAITH IS CONCEDED BY THE STATE?

3. DOES THE VIOLATIONS IN THIS CASE REACH THE CRITERIA OF THE DUE PROCESS CLAUSE AND STOP CHONG FROM HAVING A FUNDAMENTALLY FAIR TRIAL?

4. DOES THE POLICE' ST ACTIONS BY DESTROYING AND THEN REPLACING OTHER EVIDENCE TO SECURE A CONVICTION CONSTITUTE A VIOLATION OF A DEFENDANT'S RIGHT TO DUE PROCESS?

5. DOES THE ABSENCE OF TRANSCRIPTS ENTITLE CHONG TO A NEW TRIAL WHEN THE MISSING TRANSCRIPTS ARE NEEDED TO IDENTIFY ERRORS?

6. DOES THE MISSING TRANSCRIPTS VIOLATE THE COURT REPORTER ACT?

7. DOES THE MISSING TRANSCRIPTS STOP CHONG FROM HAVING A MEANINGFUL APPEAL WHEN APPELLATE ATTORNEY IS DIFFERENT FROM TRIAL ATTORNEY?

Question Presented (AI Summary)

Is dismissal available to remedy a Brady violation and did Chong establish a Brady violation that warrants dismissal?

Docket Entries

2021-05-24
Petition DENIED.
2021-05-15
Reply of petitioner Chong Lee filed.
2021-05-05
DISTRIBUTED for Conference of 5/20/2021.
2021-04-16
Brief of respondent Scott E. Rosenow in opposition filed.
2021-03-16
Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2021.
2021-03-15
Motion to extend the time to file a response from March 19, 2021 to April 19, 2021, submitted to The Clerk.
2021-02-17
Response Requested. (Due March 19, 2021)
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-29
Waiver of right of respondent Wisconsin to respond filed.
2020-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Chong Lee
Chong Leng Lee — Petitioner
Scott E. Rosenow
Scott Edwin RosenowWisconsin Department of Justice, Respondent