No. 23-5336

Maurice Walker v. Nicholas Lamb, Warden

Lower Court: Eighth Circuit
Docketed: 2023-08-10
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process felony-murder ineffective-assistance ineffective-counsel jury-instructions prosecutorial-misconduct reasonable-doubt
Latest Conference: 2023-10-06
Question Presented (from Petition)

1) In this case the Uniform (Iowa) Jury Instructions were used and
presented to the Jury, where Felony Murder-Rule was applied. The
Jury convicted Walker upon 2 different theories of murder. They
submitted a guikty verdict that was incomplete as to what theory
of Law Walker was actually convited on. This error harmed WAlker
by the jury not stating which theory he was donvicted under,
Violating Due Process. Each theory carries a different requirement
changing the dynamics of reasonable doubt. (See Realted Cases). of Proof,
Does not the law and in the interest of Justice, REquire REVERSAL
& REMAND, In this case??

2) THe trial attorney in this trial case Ms. Dalton, failed in her
legal and ethnical duty to properly represent MAurice Walker in a
Felony —Murder Trial. She did not even investigate the Murder scene,
or request and make a Motion for the testing of all Kinds of DNA
evidence like, BLood, Skin & Hair DNA samples that were present but
not tested. THere was Hair DNA in the ski-mask and under Renee Walkers
fingernails, that was never tested. Dalton never properly interviewed
witnesses or listen to information from Mr. Walker her own client.
She failed to object to the Jury Instructions and the fact that the
Jury came back with an incomplete code & verdict. She failed to object
of a Prejudicial Jury selection of No African-
AMericans on the Jury. THere is fact that all the above statements
true and correct and a violation of ineffective Counsel.
Did Mr. Walker really recieve the meaningful and required repre
sentation that the U.S. Constitution guarentee's??to an unfair practice
are

3) A United States District Court Judge, Rebeks Goodman, in a pre-
Habeas (before briefs were filed) Ruled that Walker could not use
a claim based upon STATE V HEEMSTRA, Id. Where reversal is rquired
when there are 2 different kinds of Murder theorys submitted to the
Jury. Which have different degree's of proof, yet the jury did
not complete their guilty verdict,on one or the other, or...
did the State fail to prove beyound a reasonable doubt.
Why did the US District Court Judge R. Goodman issue an order
barring Mr. Walker from using STATE V HEEMSTRA,, for this Issue,
before Habeas Breifs were even submitted and filed in this Court
violating Due Process?

4) Susan Carter and Eric Tyrell were both called as witnesses for
the State. Yet only one of them, Namely ERic Tyrell was certified
by the Court as an Expert witness based upon his education and
experiance on cell phone towers. They both testified as to the
location of MR. Walker and where his cell phone pinged at.
Susan Carter testified to a location, yet was unsure and
not factual on her assessment. SHe worked for Qwest, but in the
fraud department. NOT engineering or tower operations. She
testified to locations that were not supported by evidence, with
experiance she lacked the education to make that determination.
ANd she was not an expert witness, and Defense should have objected.
County Attorney Wolf corrected her testimony while Tyrell testified,
Stating

Question Presented (AI Summary)

Did the trial court err in applying the felony murder rule and submitting an incomplete jury verdict that violated the defendant's due process rights?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2023)
2023-05-12
Application (22A998) granted by Justice Kavanaugh extending the time to file until July 9, 2023.
2023-05-04
Application (22A998) to extend the time to file a petition for a writ of certiorari from May 10, 2023 to July 9, 2023, submitted to Justice Kavanaugh.

Attorneys

Maurice Walker
Maurice Walker — Petitioner