No. 23-7766

Charles Edward Luckett v. Robert Neuschmid, Warden

Lower Court: Ninth Circuit
Docketed: 2024-06-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether the Ninth Circuit applied this Court's precedents in Bradshaw v. State and Barclay v. Marchand to exclude a defendant's custodial interrogation statements—Atwater v. City of Lago Vista—and whether the exclusion of a defendant's custodial interrogation statements places an unreasonable burden of proof on the prosecution regarding exclusion evidence and witness impeachment.

Whether the Ninth Circuit's application to the Fifth and Sixth Amendments seems a reasonable application of clearly established law—Atwater v. City of Lago Vista—and whether the prosecution's burden of proof regarding exclusion evidence and witness impeachment violates the Fifth Amendment's protections.

Question Presented (AI Summary)

Whether the exclusion of evidence related to Luckett's brother's detention inside the crime scene perimeter violated Luckett's Sixth and Fourteenth Amendment right to present a complete defense,

Docket Entries

2024-10-07
Petition DENIED.
2024-07-03
DISTRIBUTED for Conference of 9/30/2024.
2024-07-01
Waiver of Robert Neuschmid of right to respond submitted.
2024-07-01
Waiver of right of respondent Robert Neuschmid to respond filed.
2024-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Charles Luckett
Charles Edward Luckett — Petitioner
Robert Neuschmid
Jill M. ThayerCalifornia Attorney General's Office, Respondent