No. 22-7787

Noel K. Bango v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-06-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights discovery-violation dna-evidence due-process evidence-admissibility federal-rights police-misconduct police-reports sexual-battery speedy-trial tainted-evidence trial-procedure
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. IS IT POSSIBLE TO HAVE AN INDIVIDUAL 'S DNA BUCCAL SWABS
TAKEN IN NEW JERSEY, FEBRUARY 15, 2019, FEDERAL EXPRESSED TO
FLORIDA, AND FLORIDA, RECEIVE IT, ON 10-22-2018?

2. WAS PETITIONER 'S FEDERAL CONST. RIGHTS VIOLATED, WHEN HE
WAS CIRCUMVENTED, FROM PUBLISHING AND ADMITTING INTO
EVIDENCE, DURING TRIAL, TO THE JURY, THE 1992 POLICE REPORTS;
DEPOSITIONS; AND EMAIL DOCUMENTS?

3. WAS PETITIONER 'S CONST. RIGHTS (FEDERAL) VIOLATED, DURING
TRIAL, WHEN THE PROSECUTION, RELIED UPON TAINTED DNA AND
FABRICATED DOCUMEMNTS, AND AN UPDATED 2019 POLICE REPORT TO
HAVE PETITIONER, WRONGFULLY CONVICTED?

4. WAS PETITIONER 'S FEDERAL RIGHTS VIOLATED WHEN THE STATE OF
FLORIDA TOOK HIS DNA, WHILE IN PRISON, OCTOBER 24, 1996, BUT
FAILED TO COMPARE IT WITH THIS 1992 SEXUAL BATTERY CASE?

5. WAS PETITIONER 'S FEDERAL CONST. RIGHTS VIOLATED WHEN THE
STATE OF FLORIDA, FAILED TO TIMELY PROVIDE HIM, ALL OF HIS
DISCOVERY, IN FEBRUARY 2020?

Question Presented (AI Summary)

DNA-collection-timeline

Docket Entries

2024-01-08
Rehearing DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-10-11
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-26
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2023-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 14, 2023)

Attorneys

Dixon, Sec., FL DOC
Celia A. Terenzio — Respondent
Noel Bango
Noel Bango — Petitioner