No. 21-6998

Robert Lars Pape v. California

Lower Court: California
Docketed: 2022-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion right-to-present-defense standard-of-review third-party-culpability
Latest Conference: 2022-03-04
Question Presented (from Petition)

1. Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the court believes the prosecution has presented evidence of the defendant's guilt?

2. May a court condition the presentation of a third-party culpability defense upon the defendant demonstrating that there is "direct or circumstantial evidence linking the third person to the actual perpetration of the crime"? And, if so, may a court apply that standard to require a defendant to disprove any circumstances that may exculpate the third party before being permitted to present the defense to the jury?

Question Presented (AI Summary)

Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the court believes the prosecution has presented evidence of the defendant's guilt?

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-14
Waiver of right of respondent California to respond filed.
2022-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2022)
2021-11-16
Application (21A158) granted by Justice Kagan extending the time to file until January 22, 2022.
2021-11-10
Application (21A158) to extend the time to file a petition for a writ of certiorari from November 23, 2021 to January 22, 2022, submitted to Justice Kagan.

Attorneys

California
Annie Featherman FraserCalifornia Attorney General's Office, Respondent
Robert Lars Pape
Michael David LaurenceLaw Office of Michael Laurence, Petitioner