No. 22-6472

Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center

Lower Court: Ninth Circuit
Docketed: 2023-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Where the Trial Court's Ruling Compelling the Election of
Rights had required a criminal Defendant to waive his Fifth
Amendment Constitutional Rights Not to Testify, is it a
Violation of a criminal Defendant's Fifth Amendment
Constitutional Rights prohibiting self-incrimination for the
Trial Court's Ruling to require the criminal Defendant to
admit and testify to the Discipline and Restrictions imposed
on the alleged victim and to Testify to the specific
behavioral act precipitating the Discipline and Restrictions
allegedly imposed in order for the criminal Defendant to
Present a Defense to the Prosecution 's- Case which had
already alleged that the Defendant had imposed Discipline
and Restrictions during the commission of and to facilitate
the commission of the Crimes Charged of Rape of a Child and
Incest?

2. Where a Trial Court's Ruling had Compelled the Election of
Rights, is it a Violation of a criminal Defendant's Sixth
Amendment Constitutional Rights to Present a Defense where the.Trial Court's Ruling had prohibited cross-examination
and other witnesses from Testifying as to the specific
behavioral acts of the alleged victim unless the criminal
defendant had first agreed to surrender his Fifth Amendment
Constitutional Rights Not to Testify and Prohibiting Self-
Incrimination and where the Prosecution's Case had already
presented Testimony alleging that the criminal Defendant had
imposed Discipline and Restrictions during the commission of
and to facilitate the commission of the Crimes Charged and
had never let his daughter go out, have friends over, or
shave any type of relationships?

3. Where the Prosecution had presented substantial Testimony
alleging that the criminal Defendant had imposed Discipline
and Restrictions during the commission of and to facilitate
the commission of the Crimes Charged and had never let his
daughter go out, have friends over, or have any type of relationships, is it a Violation of a criminal Defendant's
Sixth Amendment Constitutional Rights to Confrontation and
to Present a Complete Defense where the Trial Court had
Ruled to Deny the Defense the indentity of an unknown male
witness involved in a sexual relationship with the alleged victim on or about October 3rd, 2010 (during a Charging
Period) and to also Rule to Deny the identity of an unknown
male witness involved in a sexual relationship with the
alleged victim on or about October 3rd, 2011 (during a
separate Charging Period)?

Question Presented (AI Summary)

Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights Not to Testify, is it a Violation of a criminal Defendant's Fifth Amendment Constitutional Rights prohibiting self-incrimination

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 Jason Bennett, Stafford Creek Corrections Center to respond filed.
2022-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Jason Bennett, Stafford Creek Corrections Center
Peter Benjamin GonickAttorney General of Washington, Respondent
Vincent P. Melendrez
Vincent P. Melendrez — Petitioner