No. 22-6661

Brent Allen Morris v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-02-01
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: amendment-of-charges assault-and-battery due-process intent-to-kill jury-instructions preliminary-hearing
Latest Conference: 2023-05-18 (distributed 2 times)
Question Presented (from Petition)

Is Petitioner's Sixth and Fourteenth Amendment right to notice and an opportunity to defend violated when the State changed the alleged crime from "Assault and Battery with Intent to Kill" to "Assault and Battery with Means or Force Likely to Produce Death" after both the State and Defense rested?

Question Presented (AI Summary)

Whether the trial court's amendment of the charge against the petitioner from 'Assault and Battery with Intent to Kill' to 'Assault and Battery with Force or Means Likely to Cause Death' after both parties had rested violated the petitioner's due process rights

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-04-26
Reply of petitioner Brent A. Morris filed. (Distributed)
2023-04-17
Brief of respondent Oklahoma in opposition filed.
2023-03-23
Response Requested. (Due April 24, 2023)
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2022-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2023)

Attorneys

Brent A. Morris
Brent Allen Morris — Petitioner
Oklahoma
Joshua Richard FanelliOklahoma Attorney General's Office, Respondent
Gentner F. DrummondOklahoma Attorney General, Respondent