No. 20-8141

Paul Castonguay v. Nebraska

Lower Court: Nebraska
Docketed: 2021-05-26
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights dna-testing due-process federal-constitution fifth-amendment post-conviction-relief sexual-assault state-constitution statutory-rights
Key Terms:
DueProcess
Latest Conference: 2021-11-12 (distributed 2 times)
Question Presented (from Petition)

I. WHETHER THE STATE COURTS ERRED AND ABUSED THEIR DISCRETION
BY DEPRIVING AND DENYING THE DEFENDANT OF HIS STATUTORY RIGHTS TO
DNA TESTING TO A CHARGE OF FIRST DEGREE SEXUAL ASSAULT WHEN THE
STATE COURTS USES DEFENDANT'S NO CONTEST PLEA AGAINST DEFENDANT TO
DENIED THE DEFENDANT DNA TESTING PER FEDERAL AND STATE CONSTITUTION.

II. WHETHER THE STATE COURTS ERRED AND ABUSED THEIR DISCRETION TO
DENY [A] DEFENDANT TO DNA TESTING ON EXISTING DNA EVIDENCE THATS
BEEN CONCEALED AND HINDERED FROM DEFENSE SINCE 2008. PER THE FEDERAL
AND STATE CONSTITUTION.

III. WHETHER THE STATE COURTS CAUSED INFRINGEMENT TOWARD THE DEFENDANT
RIGHT TO DUE PROCESS CLAUSE UNDER THE FIFTH AND FOURTEENTH AMENDMENTS
OF THE FEDERAL AND STATE CONSITUTION TO THE UNITED STATES CONSTITUTION
OF AMERICA TO ARTICLE I, SECTION 3 OF THE NEBRASKA CONSTITUTION.
PER FEDERAL AND STATE CONSTITUTION.

Question Presented (AI Summary)

Whether the state courts erred and abused their discretion by depriving and denying the defendant of his statutory rights to DNA testing

Docket Entries

2021-11-15
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2021-10-27
Motion DISTRIBUTED for Conference of 11/12/2021.
2021-10-07
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2021-10-04
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-25
Waiver of right of respondent Nebraska to respond filed.
2021-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 25, 2021)

Attorneys

Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent
Paul Castonguay
Paul Castonguay Sr. — Petitioner