No. 24A744

Leonard Harris v. Nakita Ross, et al.

Lower Court: Fourth Circuit
Docketed: 2025-01-29
Status: Presumed Complete
Type: A
Tags: capital-sentencing criminal-procedure exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FirstAmendment FourthAmendment CriminalProcedure Punishment Privacy
Latest Conference: N/A
Question Presented (from Petition)

Due Process Violations from the Use of Expunged Records: This case raises fundamental questions about whether the use of expunged records in judicial proceedings violates constitutional protections and federal law, including the Privacy Act.

Procedural Defects in Warrants: Petitioner's case highlights systemic flaws in warrant issuance, including missing report numbers, duplicate identifiers, and invalid attestations under oath, all of which implicate the Fourth Amendment and due process.

Jurisdictional Overreach Post-Parole Expiration: Enforcement of supervision conditions beyond the expiration of Petitioner's MSR raises federalism and due process concerns.

Reconstruction of Lost Records Without Notice: The use of expunged documents to reconstruct lost files without Petitioner's knowledge violates procedural safeguards under the Fourteenth Amendment.

Suppression of Exculpatory Evidence: The suppression of records demonstrating the invalidity of the warrant and expiration of supervision status constitutes a Brady violation.

Inhumane Detention Conditions: Following my arrest under the defective warrant, I was detained under inhumane conditions that violated my Eighth and Fourteenth Amendment rights.

Question Presented (AI Summary)

Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to adequately investigate and present potentially exculpatory evidence during a capital sentencing proceeding

Docket Entries

2025-02-07
Application (24A744) denied by The Chief Justice.
2025-01-28
Application (24A744) for a stay, submitted to The Chief Justice.

Attorneys

Leonard Harris
Leonard harris — Petitioner