No. 22-5438

Winfred Scott Simpson v. North Carolina Department of Public Safety

Lower Court: Fourth Circuit
Docketed: 2022-08-24
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: and ineffective assistance of counsel unlawful detention compulsory-process due-process fifth-amendment fourteenth-amendment jencks-act miranda-rights right-to-present-defense self-defense sixth-amendment
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

Violation of Petitioner's 5th, 6th, and 14th Amendment rights of due process and the right to present an effective defense regarding suppressed evidence that contributed to Petitioner's fearful state of mind during the attack on him.

II. Violation of Petitioner's 5th, 6th and 14th Amendment rights under the Jencks Act, Compulsory Process, and Petitioner's right to present an effective defense regarding suppressed evidence of a recorded conversation.

III. A violation of Petitioner's 5th, 6th, and 14th Amendment rights to present an effective defense in regard to suppresses evidence of an email showing the deceased's state of mind on and around the time of attacking the Petitioner.

IV. A 4th and 14th Amendment violation in regard to Petitioner being unlawfully detained in custody away from his residence while a search warrant was sought and his residence searched.

V. A violation of Petitioner's 5th, 6th, And 14th Amendment rights in regard to evidence of an unlawful interrogation that violated Petitioner's Miranda and due process rights.

VI. A violation of Petitioner's 5th and 14th Amendment rights regarding a violation of due process where elements of the charge were never proved because self-defense was never disproved.

VII. Violation of Petitioner's right to effective assistance of counsel.

Question Presented (AI Summary)

Violation of Petitioner's 5th, 6th, and 14th Amendment rights regarding suppressed evidence

Docket Entries

2023-01-09
Rehearing DENIED.
2022-12-14
DISTRIBUTED for Conference of 1/6/2023.
2022-11-09
Petition for Rehearing filed.
2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-06-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2022)

Attorneys

Winfred Scott Simpson
Winfred Scott Simpson — Petitioner