No. 20-8307

Lamar McKnight v. Josie Gastelo, Warden

Lower Court: Ninth Circuit
Docketed: 2021-06-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

I. Should a COA Have Been Granted to Decide If the
Trial Court's Admission of the Gang Expert's Testimonial Hearsay Deprived McKnight of His Right to Confront and Cross Examine Witnesses?

II. Should a COA Have Been Granted to Decide If the
Trial Court Violated McKnight's Right to Due Process and a Fair Trial by Allowing the Gang Expert to Opine that McKnight Acted in Conformity with Gang Members' Character Traits?

III. Should a COA Have Been Granted to Decide If the
Trial Court Violated McKnight's Right to Due Process and a Fair Trial by Issuing a Jury Instruction that Allowed the Jury to Convict McKnight on a Natural and Probable Consequences Theory?

IV. Should a COA Have Been Granted to Decide If the
Prosecution Failed to Present Substantial Evidence to Prove the "Primary Activities" Element of the Gang Enhancement and the Gang Special Circumstances?

Question Presented (AI Summary)

Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to confront and cross-examine witnesses?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-24
DISTRIBUTED for Conference of 9/27/2021.
2021-06-22
Waiver of right of respondent Josie Gastelo, Warden to respond filed.
2021-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)

Attorneys

Josie Gastelo, Warden
Herbert S. TetefAttorney Gene. of California, Respondent
Lamar McKnight
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner