No. 24-6317

James Anthony Gray v. Kentucky

Lower Court: Kentucky
Docketed: 2025-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternative-perpetrator due-process fourteenth-amendment kentucky-constitution structural-error supreme-court-rule
Key Terms:
DueProcess Copyright
Latest Conference: 2025-02-21
Question Presented (from Petition)

Did the failure by the Kentucky Supreme Court to adjudicate the claims of error challenging the two murder convictions deny Anthony of his right to a ruling on the merits of his appeal violating Due process guaranteed by the Fourteenth Amendment; and if so, in this specific instance are Kentucky Revised Statute (KRS) 21A.060 and SCR 1.020(l)(a) unconstitutional as applied to Anthony?

Did the trial court's failure to honor the law of the case doctrine and disregard for the writ of prohibition which allow the Commonwealth to preview alternative perpetrator evidence and subpoena and question witnesses under oath prior to trial deny Anthony of his right to present a complete defense and interfere with defense counsel's ability to make strategic decisions result in a structural error?

Question Presented (AI Summary)

Did the failure by the Kentucky Supreme Court to adjudicate the claims of error challenging the two murder convictions deny Anthony of his right to a ruling on the merits of his appeal violating Due process guaranteed by the Fourteenth Amendment; and if so, in this specific instance are Kentucky Revised Statute (KRS) 21A.060 and SCR 1.020(l)(a) unconstitutional as applied to Anthony?

Docket Entries

2025-02-24
Petition DENIED.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-02-03
Waiver of right of respondent Kentucky to respond filed.
2024-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2025)

Attorneys

James Anthony Gray
James Anthony Gray — Petitioner
Kentucky
James HaveyOffice of the Kentucky Attorney General, Respondent