No. 18-6636

James Edward Griffin v. Eric Arnold, Warden

Lower Court: Ninth Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
IFP
Tags: due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court allowed in numerous items of evidence tending to connect appellant to the Hells Angels motorcycle gang, even though all sides agreed that there was no gang connection to the crime?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1.Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court allowed in numerous items . of evidence tending to connect appellant to the Hells Angels motorcycle gang,even though all sides agreed that there was no gang connection to the crime? 2.Did the prosecution commit prejudicial misconduct in this case?Did any of those instances of misconduct deprive appellant of due process of law under the Fourteenth Amendment to the United States Constitution? 3.Is it reverseible error to insruct the jury that in order to reduce homicide from murder to quarrel “theory of manslaughter requires proof of "provocation"?Did the instruction given so lighten the prosecutions burden of ; Proof as to deny appellant due process of law under the Four, teenth Amendment to the United States Constitution? 4.Did removal of a juror during deliberations deny appellant his right to trial by jury?Did it therefore also deny appellant due process of law under the Fourteenth Amendment to the United States Constitution?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Edward Griffin
James Edward Griffin — Petitioner
James Edward Griffin — Petitioner