No. 25-5560

Yancey J. Myers v. United States

Lower Court: Eighth Circuit
Docketed: 2025-09-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process judicial-bias jury-misconduct structural-error trial-procedure
Key Terms:
FifthAmendment DueProcess HabeasCorpus
Latest Conference: 2025-10-17
Question Presented (from Petition)

1) . Where a disqualified trial judge recuses himself due to substantial
prejudice/bias ; POSTCONVICTION! is there a structural error because said
judge already presided/heard as accuser and adjudicator?

2) . Does abuse of discretion or a structural error arise.* when a claim
of jury misconduct,a hearing, and motion for new/mistrial is denied by
a trial judge later disqualified for prejudice/bias?

3) .When the verdict form, and the jury instructions essential elements
are altered from the charge in the indictment can a conviction stand or
is it grounds for dismissal of that count or the indictment as a whole?

4) . Can a claim of actual innocence made prior to a 2255 but denied, v
provide for equittable tolling of the statue of limitations of a 2255?

5) . Where the U.S. Constitution prohibits Ex-Post Facto laws, what is
the meaning and/or extent of the meaning "prohibits" when a lower court
allows anGadmitted ex-post facto violation as a harmless error?

6) . When the government admits that the answer to a deliberation questi
ion (expert testimony not turned over to defense before trial)"is not
part of the evidence" has the government admitted a brady violation
due to the answer presumbly affecting the verdict?

7) i.' When a government expert witness falsettestimony/mistake goes un
corrected, ,can said conviction be upheld, when the testimony placed a
substantial prejudice on the juries verdict?

8) . When defense counsel makes a erroneous concession of guilt in final
arguments, with no admission of guilt from the defendant, can such pre
judice make cocivictibn reliable'.on ' evidence-or erroneous concession ?

Question Presented (AI Summary)

Whether a disqualified trial judge's recusal due to substantial prejudice constitutes a structural error when the judge previously presided as both accuser and adjudicator, and whether jury misconduct and altered verdict forms can invalidate a conviction

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-24
Waiver of United States of right to respond submitted.
2025-09-24
Waiver of right of respondent United States to respond filed.
2025-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
Yancey J. Myers
Yancey J. Myers — Petitioner