No. 22-6528

Charles Jordan v. Trina Davidson Brooks, Sixteenth District Judicial Assistant District Attorney, et al.

Lower Court: Fifth Circuit
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-error due-process habeas habeas-corpus misconduct post-trial-plea procedural-default state-misconduct trial-procedure
Latest Conference: 2023-02-24
Question Presented (from Petition)

1. Should the State be allowed to assert procedural default rules to preclude federal habeas review where their efforts of misconduct and

2.) Does the accused not have a right to subsequently attack constitutional that occured during his jury trial that occured prior to the posterrors-trial plea?

expect to obtain Brady material (including false testimony) for use in a post-trial decision to plea?

4.) Does constitutional errors of the State in a jury trial affect the consensual nature of a subsequent plea, thereby impairing its validity?

5.) How can a constitutional right that has been fully excercised, such as Speedy Trial, be waived by a post-trial plea?

6.) Does the practice of circumventing McA 99-17-1 conform to the fundamental principte of justice?

7.) Is counsel being inert concerning perjury known to hion, a due process violation of 14th Amend., against client's request and interest considered an actual conflict of interests and prejudice?

8.) Can the impact of a conflict be measured in a post-trial plea?

Question Presented (AI Summary)

Should the State be allowed to assert procedural default rules to preclude federal habeas review where their efforts of misconduct and IAC caused constitutional errors to be ignored at trial?

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-02-03
Waiver of right of respondent Trina Brooks, et al. to respond filed.
2022-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

Charles Jordan
Charles Jordan — Petitioner
Trina Brooks, et al.
Jerrolyn Martin OwensMississippi Attorney General's, Respondent