No. 22-6297

Kevin W. Malone v. Nebraska, et al.

Lower Court: Eighth Circuit
Docketed: 2022-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment conflict-of-interest criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel legal-ethics sixth-amendment trial-bias
Key Terms:
DueProcess
Latest Conference: 2023-02-17
Question Presented (from Petition)

I. Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6" & 14" Amendment right to conflict free counsel?

II. Is the Nebraska Supreme Court's opinion that the Petitioner rather than the State must establish foundational elements for a valid chemical test correct?

III. Do the District Court Judge's actions display bias and prejudice and a redacted trial record violate the Petitioner's due process rights under the 14" Amendment?

Question Presented (AI Summary)

Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6th & 14th Amendment right to conflict free counsel?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent Nebraska, et al. to respond filed.
2022-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2023)

Attorneys

Kevin Malone
Kevin W. Malone — Petitioner
Nebraska, et al.
James A. CampbellNebraska Attorney General's Office, Respondent