No. 22-6747

Jimmy Wayne Guinard v. Kris Mayes, Attorney General of Arizona, et al.

Lower Court: Ninth Circuit
Docketed: 2023-02-10
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fair-trial jury-instructions prosecutorial-misconduct sentencing vouching
Latest Conference: 2023-04-14
Question Presented (from Petition)

The jury, whern he has never had charges of that nature and
was charged with drug offerses. violate petotioner's uis.c.lothand 14th
Amendment rights to a fair and impactial trial by Jucy?

2. was Trial counsel in the first case No. Pl3oocRzollolltle
ineffective for failins to object To The erroneons jury instruction
listed above and for failing to object to even one of The eleven
vouchins incidents for The informants credibility that occucred?

3. Can the prosecntion replace physical evidence wher it was
either lost or destroyed Just to obtain a conviction?

4. Did the prosecntor who proseanted both cases, the zoll and
z012 cases violate petitioner's right to a fair and impactiol
Trial by Jury by vouching and placins the states belief

5. Did the Trial judge violate petitioner's due process right
to a fair and impartial trial by derying petitineis
motion for a new trial when the Judge herself stipulated
in this Trial?

6. Did the prosecntor in cR zollolltle violate petitionec's due process
This Trial

7. was Petitioner's u.s.c. 8th Amerdmert (oruel and unusual punishoment)
and u.s.c. 14 Amendment (right to equal protection of the laws)
violated by the Trial Judge sentercing Pefitioner to consecutive Senterces
wher other Judges,in The sane county Sentenced similar cases To
concurrent Sentences?

8. was the trial Judges falure to recuss herself sua sponte a violation
of petitioner's 14t Amerdment wher She had a personal interest in petitioners

Question Presented (AI Summary)

Did the Trial Judge's labeling petitioner as a sex offender to the jury when he had never been charged with such offenses and was charged with drug offenses violate petitioner's 6th Amendment right to a fair and impartial trial?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2023)
2022-11-23
Application (22A459) granted by Justice Kagan extending the time to file until January 23, 2023.
2022-10-26
Application (22A459) to extend the time to file a petition for a writ of certiorari from November 24, 2022 to January 23, 2023, submitted to Justice Kagan.

Attorneys

Jimmy Wayne Guinard
Jimmy Wayne Guinard — Petitioner