No. 22-5974

Draco Aurum Rat v. Mark Brnovich, Attorney General of Arizona, et al.

Lower Court: Ninth Circuit
Docketed: 2022-11-02
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process evidence-suppression evidentiary-issues fair-trial prosecutorial-misconduct witness-testimony
Latest Conference: 2023-01-06
Question Presented (from Petition)

1) DID THE TRIAL A PROSECUTOR USED FALSE AND MISLEADING TESTIMONY, USED FALSE INFLAMMATORY QUESTIONS, AND SOLICITED FALSE TESTIMONY IN COMMITTING FUNDAMENTAL ERROR IN VIOLATION OF A DEFENDANT'S CONSTITUTIONAL RIGHT TO A FAIR AND IMPARTIAL TRIAL, AND TO DUE PROCESS.

2) WHETHER BEING A MEMBER OF THE AUDIENCE AT A CONFERENCE IS SUFFICIENT TO QUALIFY A LOWER COURT AS AN APPELLATE JUDGE AND WHETHER SUBSEQUENT TESTIMONY RULES ABOUT OR RULE 762(C) AND/OR A DEFENDANT'S RIGHT TO A FAIR AND IMPARTIAL TRIAL, AND TO DUE PROCESS VIOLATES.

3) WHETHER THE COLLATERAL ATTACK PROCESS SHOULD ALLOW A SANCTION OF PROSECUTORIAL MISCONDUCT COME DOWN SO WOULD BECOME EVIDENCE NOT ENTERED AT TRIAL BUT AVAILABLE TO THE PROSECUTOR FILED.

4) CONDUCT A PROSECUTION AT TRIAL USING EVIDENCE THE STATE ALLOWED AGAINST BEFORE THE COURT IMPARTIAL RULING, WAS FAIRLY ALLOWED AND SUCH SANCTION LOPE THE JUDGE LACKED IMPARTIAL INSTRUCTION UNDER MISSAL LOPES THE STATUTE OF GUILT BY APPEAL AND TO ONES EQUALS ANOTHER THAN A REASON.

5) WHETHER ANY OF THE ISSUES HEARD GIVE THIS COURT CAUSE TO REVERSE AND TO REMAND PETITIONER'S CONVICTION CASE.

Question Presented (AI Summary)

Whether a prosecutor who misrepresents witness testimony, asks false leading questions, and solicits false testimony has committed a fundamental error, in violation of a defendant's constitutional right to a fair and impartial trial, and to due process

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2022)

Attorneys

Draco Aurum Rat
Draco Aurum Rat — Petitioner