No. 18-5767

Fox Joseph Salerno v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al.

Lower Court: Arizona
Docketed: 2018-08-27
Status: Denied
Type: IFP
IFP
Tags: bill-of-attainder constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance-of-counsel plea-bargaining retroactive-application retroactivity
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Did the State Trial Court err by unconstitutionally using Federal case laws of Missouri v. Frye/Lafler v. Cooper and applying it retroactively thus violating Ex Post Facto laws, Bill of Attainder, U.S. Const. Art. 1, Sec 9 & 10 & Ariz. Const. art. 2, § 25?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I Did the State Trial Court err by unconstitutionally using Federal case laws of Missouri v. Frye/ Lafler v. Cooper and applying it retroactively thus violating Ex Post Facto laws, Bill of Attainder, U.S. Const. Art. 1, Sec 9 & 10 & Ariz. Const. art. 2, § 25? /. Lecter I. Does Fryé set a blue line rule which allows it to be retroactive? i. If Missouri v. Frye/Lafler v. Cooper are applicable, then did the trial court mis-apply the law by following Federal standards instead of State standards as Frye required? Vv. Did Trial Court error by erroneously determining plea would not have been accepted by Judge/Prosecutor because his criminal history was not accurate?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2018)

Attorneys

Fox Joseph Salerno
Fox Salerno — Petitioner
Fox Salerno — Petitioner