No. 21-8166

Ricky Vincent Pendleton v. United States

Lower Court: Fourth Circuit
Docketed: 2022-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation coram-nobis due-process fifth-amendment fourteenth-amendment newly-discovered-evidence prosecutorial-misconduct
Latest Conference: 2022-09-28
Question Presented (from Petition)

A federal ex-prisoner, has the right to present a "fundamental error" byway of a writ of coram nobis, involving newly discovered evidence, pursuing with diligence; a prosecutor, who, presenting gruesome photographs to each grand juror against the dangers of unfair prejudice. Did the presentation thereby violates the Fifth and Fourteenth Amendment(s)?

Under the Fifth and Sixth Amendent(s), did an ex-federal prisoner, have the right to challenge an issue involving newly discovered evidence, pursuing with diligence; a preserved Fatal Variance claim that trial counsel fails to proceed under a direct review, when the federal sentence is completed?

Question Presented (AI Summary)

Did the presentation of gruesome photographs to each grand juror violate the Fifth and Fourteenth Amendments?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-07
DISTRIBUTED for Conference of 9/28/2022.
2022-07-01
Waiver of right of respondent United States to respond filed.
2022-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2022)

Attorneys

Ricky V. Pendleton
Ricky Vincent Pendleton — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent