No. 18-5007

David Lemoe Tua v. California

Lower Court: California
Docketed: 2018-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the state court's refusal to sever petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations violated federal due process

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ( : : 1. Whether the state court's refusal to sever Petitioner's trial trial from that of his codefendant and refusal to sever the gang enhancement allegations violated federal due process? , 2. Whether Insufficient evidence support Petitioner's convictions for murder and attempted murder? : 3. Whether prosecutorial misconduct and trial court erroneous rul+ ing on motion for mistrial violated Petitioner's federal due process” right to a fair trial? . : oo i.

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-26
Waiver of right of respondent California to respond filed.
2018-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)

Attorneys

California
Allison Virginia AcostaCalifornia Department of Justice, Respondent
David Lemoe Tua
David Lemoe Tua — Petitioner