No. 18-492

David Souza v. California

Lower Court: California
Docketed: 2018-10-17
Status: Denied
Type: Paid
Response Waived
Tags: berger-standard berger-v-united-states constitutional-rights due-process false-testimony fourteenth-amendment napue-v-illinois napue-violation preliminary-hearing pretrial-proceedings prosecutorial-misconduct
Key Terms:
DueProcess
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Does the state prosecutor's failure to acknowledge and correct false/misleading testimony at a preliminary hearing violate due process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW QUESTION 1 Does it violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution, the holding in Berger v. United States, 295 U.S. 78 (1935) [*”] and the mandate of Napue v. Illinois, 360 U.S. 264 (1959) [“Napue”], when a state prosecutor does not acknowledge and correct false and/or misleading testimony at a preliminary hearing and/or at any pretrial hearing where the testimony was introduced, and where instead of immediately correcting the testimony, the state prosecutor continues to rely upon it even after being made aware that the testimony was not truthful? QUESTION 2 When a state prosecutor consolidates two separate and distinct cases into one case, and then proceeds to preliminary hearing, and thereafter files an Information thereon, is the Due Process Clause of the Fourteenth Amendment to the United States Constitution and the holding in Berger implicated when that same state prosecutor thereafter, several years later, files a new Complaint (without seeking the permission required by statute) alleging new offenses based upon the same nexus of operative facts as in the initial case? i

Docket Entries

2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-26
Waiver of right of respondent STATE OF CALIFORNIA to respond filed.
2018-10-15
Petition for a writ of certiorari filed. (Response due November 16, 2018)

Attorneys

DAVID SOUZA
Roger T. NuttallNuttall Coleman & Drandell, Petitioner
STATE OF CALIFORNIA
Darren K. IndermillOffice of the Attorney General, State of California, Respondent