No. 21-6604

Andre Bowers v. Joseph Noeth, Superintendent, Attica Correctional Facility

Lower Court: Second Circuit
Docketed: 2021-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violations constitutional-rights criminal-justice due-process faulty-investigative-practices first-amendment ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct systemic-racism wrongful-conviction wrongful-convictions
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. There is a proven systematic pattern of wrongful conviction around the
Nation based on prosecutorial/police misconduct, and ineffective assistance of
counsel, faulty investigative practices; Therefore, Q, whether or not it's in the
public interest, to implements new procedures, to break this patter, to reduce
the harm caused in the Black community around the nation?

2. Mr. Bowers, called 911 reporting a crime in progress, a timely and specific
request was made for the recorded statement, people failed to preserve, the
recording the ADA and police had direct knowledge of, at trial a request for a
sanction base on Brady was denied, the appellant court base their decision on
due diligence.
Therefore, Question: whether the 911 call was protected conduct under the
first, fourteenth amendment, and whether the court decision to apply due
diligence to counsel request, fundamentally questions state statues, Brady
and it progeny?

3. Will the dignity of U.S. Government permit the convictions of any person,
where the prosecutor fails to correct misleading and false testimony or
impression under Napue and progeny?

4. Whether the probable impact of wrongful mischaracterized evidence seized at
the crime scene, affected manifest prejudice of guilt and deprive the accused a
fair trial?

5. Whether or not a person can be held liable of a crime on a transferred intent?

Question Presented (AI Summary)

wrongful-convictions,prosecutorial-misconduct,ineffective-assistance-of-counsel,faulty-investigative-practices,brady-violations,first-amendment,fourteenth-amendment

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Waiver of right of respondent Joseph Noeth, Supertindent, Attica Corrcectional Facility to respond filed.
2021-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2022)

Attorneys

Andre Bowers
Andre Bowers — Petitioner
Joseph Noeth, Supertindent, Attica Corrcectional Facility
Nacny Fitzpatrick TalcottQueens County District Attorney, Respondent