No. 22-5742

Reggie D. Caswell v. Steven Racetti

Lower Court: Second Circuit
Docketed: 2022-10-03
Status: Denied
Type: IFP
IFP
Tags: actual-innocence criminal-appeals due-process equal-protection habeas-corpus pro-se pro-se-appeal sentencing-consequences trial-exhibits
Latest Conference: 2022-12-02
Question Presented (from Petition)

1) Petitioner respectfully request that this Honorable Court revisit it's holding in Martinez v Court of Appeal of California Fourth Appellate Dist. 528 U.S. 152 ( 2000 ) only to the extent that: For states that do not permit for pro se criminal appeals, a complete and sufficient pro se appeal record must be provided in accordance with the Due Process and Equal Protection Clauses. In the case at bar, Petitioner was deprived of copies of the Respondent trial and sentencing exhibits with vital and catastrophic consequences.

2) Was the Habeas Corpus proceedings defective when the District Court denied habeas corpus relief without ever seeing Respondent Trial Exhibits #9 and #22 ( DVDS ) and Sentencing Exhibits #4-#7 demonstrating that the sentences imposed were/are Unconstitutional?

3) Did Petitioner demonstrate "Actual Innocence" with "clear and convincing evidence" pursuant to the 28 U.S.C. § 2254(e)(1) that the state courts decisions affirming the judgment of conviction and sentence was not support by the record.

Question Presented (AI Summary)

Whether a state that permits pro se criminal appeals must provide a complete and sufficient record for the appeal, as required by the Due Process and Equal Protection Clauses

Docket Entries

2022-12-05
Petition DENIED.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2022)

Attorneys

Reggie D. Caswell
Reggie D. Caswell — Petitioner