No. 24-5840

David R. Schachtner v. Chris Brewer, Warden

Lower Court: Eighth Circuit
Docketed: 2024-10-29
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure fair-trial impeachment-evidence motion-to-suppress prior-bad-acts trial-court-discretion
Latest Conference: 2025-02-28 (distributed 2 times)
Question Presented (from Petition)

1. Does a court abuse its discretion in upholding a conviction and sentence for a crime that was clearly disproven at trial, based solely on the factual findings of a jury and the oral pronouncement of the Judge at sentencing?

2. Does a court abuse its discretion in denying defendant's motion for dismissal of conviction for respondent's failure to disclose evidence of their possessing?

3. Are uncharged and unadjudicated prior bad acts allegedly committed while defendant was a juvenile against another juvenile admissable as propensity evidence to prove an attempt to commit a crime?

4. Does a defendant invite error or waive error in the admission of evidence by cross-examining a witness and challenging evidence after it was presented over objection?

5. Can a defendant be allowed to bolster and make false claims to the jury?

6. Can a defendant be sentenced and convicted of a crime where age is a key element, without a jury determination of fact on that element?

7. Can a defendant in a criminal case be sentenced on the basis of an invalid premise or inaccurate information?

8. Does the best evidence rule apply to the record contents of cell phones, such that before admission of secondary evidence of those contents, the primary evidence must be unavailable and inaccessable, not in their possession and disproven?

Question Presented (AI Summary)

Whether a trial court abused its discretion by denying a motion to suppress impeachment evidence and admitting prior bad acts evidence that prejudicially impacted the defendant's right to a fair trial

Docket Entries

2025-03-03
Rehearing DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-01-10
Petition for Rehearing filed.
2024-12-16
Petition DENIED.
2024-11-27
DISTRIBUTED for Conference of 12/13/2024.
2024-11-22
Waiver of right of respondent Chris Brewer to respond filed.
2024-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2024)

Attorneys

Chris Brewer
Patrick Joseph LoganMissouri Attorney General's Office, Respondent
David R. Schachtner
David R. Schachtner — Petitioner