No. 24-6148

Ronald Lee Neels v. Bob Dooley, Warden

Lower Court: Eighth Circuit
Docketed: 2024-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process exculpatory-evidence federal-review habeas-corpus procedural-default
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2025-01-10
Question Presented (from Petition)

Whether an opening statement, counsel's failure to object to it, and the magnitude of the prosecutorial misconduct in the opening statement of a defendant's trial requires that their conviction be vacated. In essence, if the evidence is sufficiently strong, do defendants have a right to a fair trial?

What does the Court consider overwhelming evidence or sufficiently strong evidence?

Whether the timing of the challenged comments establishes that a defendant suffered presumptive prejudice?

Whether Appellate Court erred in overlooking the District Court's statement of only questions presented (T-TD)'s involvement to amples every subsiding question tacitly included.

If and when the Petition is granted, due to the importance of the factual issues, Neels respectfully requests for oral arguments before this Honorable Court.

Question Presented (AI Summary)

Whether a federal district court's denial of a habeas petition based on procedural grounds constitutes a violation of the defendant's constitutional rights when evidence potentially exculpatory was not fully considered

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-18
Waiver of right of respondent Bob Dooley to respond filed.
2024-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2025)

Attorneys

Bob Dooley
Matthew William TemplarSouth Dakota Office of the Attorney General, Respondent
Ronald L. Neels
Ronald Lee Neels — Petitioner