No. 22-7087

Michael James Hoffman v. United States District Court for the District of Arizona

Lower Court: Ninth Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-procedure due-process evidence-manipulation fifth-amendment fourteenth-amendment grand-jury right-to-counsel sixth-amendment state-misconduct trial-misconduct
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (from Petition)

1. To secure its 2011 and 2012 false indictments, did the State violate Petitioner's Sixth Amendment Right to Counsel and Due Process when it circumvented his existing State defense counsel, ensuring State agents presented newly fabricated accusations, and to conceal entire investigations from both grand juries?

2. To secure the State's 2013 false convictions, did the State Public Defender violate Petitioner's Fifth and Fourteenth Amendment Rights To Due Process by:
a. Vacating Petitioner's pretrial evidentiary hearings,
b. Withholding all defense evidence from Petitioner's trial?
c. Refusing to impeach blatant State suborned perjury at trial?
d. Manipulating defense evidence true against his co-defendant at trial?
e. Trying to force Petitioner to testify against himself?

3. Did the State Public Defender violate Petitioner's Fifth, Sixth, and Fourteenth Amendment Rights To Due Process by investigating its own Rule 32 (The Ineffective Assistance of Counsel) which resulted in Procedurally Defaulted Claims, ultimately infecting his Habeas Corpus proceedings by:
a. Not raising any of Petitioner's specific requests on Appeal or in Rule 32?
b. Delivering corrupted transcripts to conceal its misconduct at trial?
c. Defying 5 court orders to produce the "entire trial file" in PCR proceedings?

4. To protect the State's 2014 sentence, did the Arizona Department of Corrections Violate Petitioner's Fourth Amendment Right To Be Secure in his housing and papers, and his Fifth and Fourteenth Amendment Rights To Due Process by:
a. Removing cover-up evidence (corrupted transcripts) from his housing?
b. Seizing trial evidence (ELDVDs) then lying to the U.S. District Court?
c. Intercepting his mail, intended for the U.S. Supreme Court?

Question Presented (AI Summary)

Did the State violate the Petitioner's Sixth Amendment right to counsel and due process?

Docket Entries

2023-10-02
Rehearing DENIED.
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-23
2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Michael J. Hoffman
Michael James Hoffman — Petitioner