No. 22-7663

Aaron David Waldon v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-05-30
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process evidence-admission fair-trial horn-v-state prejudicial probative propensity-evidence sexual-assault trial-court-discretion
Key Terms:
DueProcess Privacy
Latest Conference: 2023-09-26
Question Presented (from Petition)

I. THE TRIAL COURT ABUSED ITS DISCRETION BY ALLOWING THE
ADMISSION OF EVEIDENCE OF A RECORDING BELIEVED TO BE
PETITIONER AND AN UNKNOWN MALE AS PROPENSITY EVIDENCE
AS IT WAS MORE PREJUDICIAL THAN PROBATIVE IN
CONTRAVENTION OF HORN V STATE AND PETITIONERS
FUNDAMENTAL DUE PROCESS RIGHT TO FAIR TRIAL.

II. STATES EXHIBIT 1 WAS IMPROPERLY ADMITTED AS EVIDENCE OF
INTENT AND/OR ABSENCE OF MISTAKE OR ACCIDENT

III. BECAUSE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT
PETITIONERS CONVICTIONS OF SEXUAL ASSAULT, DUE PROCESS
REQUIRES HIS CASE TO BE REVERSED AND REMANDED WITH
INSTRUCTIONS TO DISMISS COUNTS 2 AND 3.

Question Presented (AI Summary)

Whether the trial court abused its discretion by allowing the admission of evidence of a recording believed to be the petitioner and an unknown male as propensity evidence, which was more prejudicial than probative in contravention of Horn v State and the petitioner's fundamental due process right to a fair trial

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
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 29, 2023)
2023-03-20
Application (22A827) granted by Justice Gorsuch extending the time to file until May 7, 2023.
2023-02-07
Application (22A827) to extend the time to file a petition for a writ of certiorari from March 8, 2023 to May 7, 2023, submitted to Justice Gorsuch.

Attorneys

Aaron David Waldon
Aaron D. Waldon — Petitioner