No. 23A640

Frank Garcia v. Joseph Noeth

Lower Court: Second Circuit
Docketed: 2024-01-10
Status: Presumed Complete
Type: A
Tags: constitutional-right dna-evidence due-process exculpatory-evidence harmless-error post-conviction
Latest Conference: N/A
Question Presented (from Petition)

To deny reversals: why are the lower Courts quick to claim Harmless error, to evidence that unrefutably has the sole power, to either:
a). clear the accused
b). convict the accused +/or
c). under a specific State Statutorial post conviction DNA motion - exonerate the imprisoned ?.

(ei: NYS CPL§ 440.10[1](g-1) or NYS (L.2012 Ch.19 §4) effective Oct 1,2012.
or to put it in another term

Can Harmless error be applied to DNA evidence referred to by the People at multiple phases during trial ?.

Question Presented (AI Summary)

Whether a state court's application of the harmless error doctrine to post-conviction DNA evidence violates a criminal defendant's constitutional right to due process and meaningful review of potential exculpatory evidence

Docket Entries

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