No. 21-5658

Elias G. Montalvo v. Isidro Baca, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2021-09-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter
Key Terms:
DueProcess
Latest Conference: 2021-11-05
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Did the trial court commit reversible error by failing to instruct the jury on Voluntary Manslaughter as a lesser-included offense of Open Murder?

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-08
Waiver of right of respondent BACA, Warden, et al. to respond filed.
2021-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2021)

Attorneys

BACA, Warden, et al.
Katrina A. SamuelsState of Nevada Office of the Attorney General, Respondent
Elias G. Montalvo
Elias G. Montalvo — Petitioner