No. 23-5611

David Stephen Middleton v. William Gittere, Warden

Lower Court: Nevada
Docketed: 2023-09-19
Status: Denied
Type: IFP
IFP
Tags: actual-innocence due-process forensic-evidence habeas-corpus newly-discovered-evidence post-conviction state-court-procedure state-courts
Latest Conference: 2023-11-17
Question Presented (from Petition)

1. In a post-conviction proceeding, was Mr. Middleton's right to due process violated when the Nevada state courts failed to consider exculpatory evidence presented in prior habeas petitions in their threshold determination of an actual-innocence gateway claim, thereby erroneously failing to grant him formal discovery of evidence in exclusive possession of the State?

2. Was Mr. Middleton's right to procedural due process violated when the Nevada state courts arbitrarily denied him access to biological evidence for the purposes of conducting DNA testing to prove his innocence?

Question Presented (AI Summary)

In a post-conviction proceeding, was Mr. Middleton's right to due process violated when the Nevada state courts failed to consider exculpatory evidence presented in prior habeas petitions in their threshold determination of an actual-innocence gateway claim, thereby erroneously failing to grant him formal discovery of evidence in exclusive possession of the State?

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-25
Reply of petitioner David Stephen Middleton filed.
2023-10-19
Brief of respondent William Gittere, Warden in opposition filed.
2023-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2023)
2023-07-10
Application (23A21) granted by Justice Kagan extending the time to file until September 14, 2023.
2023-07-06
Application (23A21) to extend the time to file a petition for a writ of certiorari from July 16, 2023 to September 14, 2023, submitted to Justice Kagan.

Attorneys

David Middleton
David Severen AnthonyFederal Public Defender's Office, Petitioner
William Gittere
Jennifer Patricia NobleWashoe County District Attorney, Respondent