No. 23-6938

Frank Garcia v. Julie Wolcott, Superintendent, Attica Correctional Facility

Lower Court: Second Circuit
Docketed: 2024-03-08
Status: Denied
Type: IFP
IFP
Tags: accused-rights criminal-procedure dna-evidence due-process exoneration harmless-error post-conviction
Latest Conference: 2024-05-09
Question Presented (from Petition)

Can the might have reasonable possibility Harmless error doctrine be applied to DNA, that has the sole trifecta ability, to either:

1. Clear the Accused

2. Convict the Accused

3. Exonerate the imprisoned thru post-conviction statues/procedures.

Question Presented (AI Summary)

Can the harmless-error doctrine be applied to DNA evidence that has the sole ability to clear, convict, or exonerate the accused?

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-02-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2024)
2024-01-10
Application (23A640) granted by Justice Sotomayor extending the time to file until March 25, 2024.
2023-12-28
Application (23A640) to extend the time to file a petition for a writ of certiorari from January 25, 2024 to March 25, 2024, submitted to Justice Sotomayor.

Attorneys

Frank Garcia
Frank Garcia — Petitioner