No. 24-5921

Christopher Koteras v. Daniel Akers, Warden

Lower Court: Sixth Circuit
Docketed: 2024-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication
Latest Conference: 2024-12-06
Question Presented (from Petition)

When the interaction between the Prosecution's Victim's Advocate and a testifying witness has been determined by the trial court to have enhanced the witness's credibility, has the defendant's constitutional right of confrontation and to due process been violated?

In the constitutional right to a fundamentally fair proceeding does the Due Process clause of the Fifth Amendment applied to the states through the Fourteenth Amendment require appellate counsel to provide a minimally competent level of assistance to ensure a meaningful review may occur?

Question Presented (AI Summary)

Whether a victim's advocate's non-verbal communication with a child witness during trial constitutes prejudicial error that violates a defendant's right to a fair trial

Docket Entries

2024-12-09
Petition DENIED.
2024-11-14
DISTRIBUTED for Conference of 12/6/2024.
2024-11-13
Waiver of right of respondent Daniel Akers, Warden to respond filed.
2024-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2024)

Attorneys

Christopher Koteras
Christopher Koteras — Petitioner
Daniel Akers, Warden
Todd Dryden FergusonOffice of the Attorney General, Respondent