No. 21-7780

Selvin Orlando Carranza v. California

Lower Court: California
Docketed: 2022-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 8th-amendment brady-violation constitutional-rights due-process exculpatory-evidence impeachment-evidence police-misconduct prosecutorial-misconduct third-party-culpability
Latest Conference: 2022-06-23
Question Presented (from Petition)

Should an innocent man setting forth allegations of his actual innocence, a deprivation of due process rights guaranteed by the U.S. Federal Constitution, which I can prove and would entitle me to my reversal/case from my false conviction and imprisonment of over 22 years now, be allowed an emergency exception to the rules of untimeliness and successive writ of habeas corpus in California, due to the emergency pandemic of COVID-19, which I had initially been infected with at the time and suffered long lasting symptoms?

Is defense counsel's requested pre-trial discovery and Brady material a U.S. due process constitutional violation, and was the prosecutor relieved from her duties and obligations to disclose Brady discovery material, simply because the prosecutor strategically chose to not name and indict and convicted Long Beach police officer, Julio A. Alcaraz, on her People's witness list, nor called him as a witness at trial, suppressing useful information from the defense?

Is it a U.S. due process 14th and 8th amendments constitutional rights violation, and a Brady v. Maryland violation, for a prosecutor who knew, or should have known, but failed to disclose exculpatory evidence, third party culpability evidence, that Long Beach police officer, Julio A. Alcaraz, was in fact part of the investigation for the murder/robberies charged against me, defendant, but was also the same officer responsible, indicted and convicted for a spree of strong armed robberies of drugs and money against civilians, during the same dates, same locations, same M.O., of the murder robberies pinned and charged against me defendant?

Should an innocent man setting forth allegations of his actual innocence, a deprivation of due process rights guaranteed by the U.S. Federal Constitution, be allowed to have the .30 caliber bullet found during the autopsy of the murder/robberies he was falsely convicted on tested and compared by a ballistic expert to the firearms found in the possession of indicted and convicted armed robber Long Beach police officer, Julio A. Alcaraz, when the prosecutor failed to disclose this exculpatory evidence, third party culpability evidence, and impeachment purposes evidence?

Is it a U.S. due process 14th and 8th amendments constitutional rights violation, and a Brady violation, for a prosecutor who failed to disclose impeachment purposes evidence of Long Beach police department officers, Julio A. Alcaraz's indictment and convictions for a spree of strong armed robberies, and the whole investigation against him by the LBPD and FBI since 1997, which defense counsel could've used to call officer Alcaraz as a witness for the defense and impeached him, and impeached the six LBPD officers who testified against the defendant at trial regarding their motives to lie and perjure themselves to protect their LBPD partner of 11 years, officer Julio A. Alcaraz, from being prosecuted for the murder robberies pinned and charged against the defendant, and to protect their whole Long Beach police department from a similar LAPD Rampart scandal within their own Long Beach police department?

Question Presented (AI Summary)

Whether a prosecutor's failure to disclose exculpatory and impeachment evidence related to a police officer's prior criminal conduct violates the defendant's due process rights under the 4th and 8th Amendments

Docket Entries

2022-06-27
Petition DENIED.
2022-06-08
DISTRIBUTED for Conference of 6/23/2022.
2022-06-03
Waiver of right of respondent California to respond filed.
2022-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2022)
2022-03-14
Application (21A500) granted by Justice Kagan extending the time to file until March 26, 2022.
2022-01-14
Application (21A500) to extend the time to file a petition for a writ of certiorari from January 25, 2022 to March 26, 2022, submitted to Justice Kagan.

Attorneys

California
Kenneth Charles ByrneCalifornia Attorney General, Respondent
Selvin O. Carranza
Selvin Orlando Carranza — Petitioner