No. 22-7641

Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections

Lower Court: Tenth Circuit
Docketed: 2023-05-25
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (from Petition)

#1. Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant.

#2. Why wasn't relief granted to Petitioner after the DNA results were released by the OSBI?

#3. Was it a denial of due process and a denial of fundamental right to prove actual innocence when Judicial Order was ignored that would have provided further evidence that Petitioner is in fact actually innocent of any crime claimed by the State.

#4. Would it be considered ineffective assistance of counsel that Petitioner's Appellate Counsel failed to file a Motion To Compel the State to have the co-defendants tested? Compelling the State to follow the order issued by the original Judge who ordered DNA Testing.

#5. Was it error for the Oklahoma Court of Appeals to not follow, or enforce the law under the 2013 Post-Conviction DNA Act?

#6. Petitioner's trial counsel Wayne M. Foumerat has been disbarred from the practice of law in the state of Oklahoma. Due to it was clear (according to Judge Twyla Gray) that Foumerat did not know the law. Petitioner went on trial four weeks before Glossip. How could he know the law in Petitioner's case and not know the law in Glossip?

Question Presented (AI Summary)

Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant

Docket Entries

2023-10-02
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 26, 2023)

Attorneys

Carl Dean Wyatt
Carl Dean Wyatt Jr. — Petitioner