No. 24-5435

Orlando Sanchez v. Fidencio N. Guzman, Warden

Lower Court: Ninth Circuit
Docketed: 2024-09-03
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure constitutional-law criminal-procedure due-process judicial-review trial-rights
Key Terms:
DueProcess Privacy
Latest Conference: 2024-11-01
Question Presented (from Petition)

1. Does the U.S. Supreme Court have jurisdiction to review the trial court's prejudicial error in refusing to instruct the jury on the perfect self-defense theory of voluntary manslaughter?

2. Whether the trial court prejudicially erred in refusing to instruct the jury on voluntary manslaughter based on the defense of provocation and sudden heat of passion?

3. Whether the given jury instructions on self-defense, provocation and sudden heat of passion voluntary manslaughter were prejudicial, incomplete and misleading?

4. Whether the trial court's jury instructions errors demonstrate a violation of petitioner's constitutional right to due process and a fair trial?

5. Did the Court of Appeals err in concluding that the trial court did not violate the Fourteenth Amendment as interpreted in People v. Decen (2014)?

6. And, whether imposing a restitution fine and various fees and assessments contrary to petitioner's inability to pay hearing or finding thereof violates petitioner's ability to pay?

7. Whether the Ninth Circuit Court of Appeals properly assessed these claims presented in petitioner's application for certificate of appealability from the U.S. District Court?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2024-11-04
Petition DENIED.
2024-10-17
DISTRIBUTED for Conference of 11/1/2024.
2024-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2024)

Attorneys

Neil Sanchez
Orlando Sanchez — Petitioner