No. 18-1079

Javier Flores Gaytan v. Michael Hardee

Lower Court: Fourth Circuit
Docketed: 2019-02-19
Status: Denied
Type: Paid
Tags: actual-innocence constitutional-standard criminal-conviction criminal-procedure due-process evidence federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-confrontation right-to-fair-trial summary-witness wire-recording
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether a State may obtain a criminal conviction and 37-year prison sentence against a defendant where the primary evidence of guilt was a wire-recording that the defendant and jurors were not permitted to hear, but instead whose contents were summarized by the arresting officer

Question Presented (OCR Extract)

QUESTION PRESENTED May a State, consistent with due process, obtain a criminal conviction and 37-year prison sentence against a criminal defendant where the primary evidence of the defendant’s guilt was a wire-recording that the defendant nor the jurors at the defendant’s trial were permitted to hear, but instead whose contents were summarized by the defendant’s arresting officer?

Docket Entries

2019-04-22
Petition DENIED.
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-02-14
Petition for a writ of certiorari filed. (Response due March 21, 2019)

Attorneys

Javier Gaytan
Paul Andrew TharpArnold & Smith, PLLC, Petitioner