No. 18-6639

Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility

Lower Court: Second Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence conspiracy-charge criminal-procedure due-process ineffective-assistance-of-counsel jailhouse-informant judicial-misconduct jury-instructions jury-notes perjured-testimony perjury prosecutorial-misconduct
Key Terms:
Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the state court failed to return the defendant to the courtroom upon receipt of two substantive jury notes, and whether the actual charge of conspiracy was improperly converted to a non-existent crime of kidnapping

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . . ; 1.. The state court failed to return defendant to the courtroom : , upon receipt of two substantive jury notes; the second note requestiing the definition of conspiracy, of special concern as the actual charge, conspiracy, had been converted to a non-existant kidnapping throughout the trial. The first note, requesting all permisable exhibits was complied with, but ‘concaeled from defendant, counsel, transcript and court record. 2. The actual charge, conspiracy, was converted to a far moreheinous and non-existant crime, kidnapping, without correction by the court : or defense counsel. _ . . . 3. An inaudible wire recording (CD) and replacement testimony by a . . . jailhouse informant. That inmate had been exposed committing perjury , after testifing that he was not receiving anything in return for his testimony. After my conviction his six open charges, disappeared . from his record. , .4. Actual Innocence; I was convicted of-a fabricated and non-existant crime. — I was also convicted of solicitation, even though that charge _ . had never been addressed at any time during the trial. If there was . never any crime committed, I have’ to be “innocent. .

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent Brandon Smith, Superintendent, Mid-State to respond filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)
2018-06-27
Application (17A1420) granted by Justice Ginsburg extending the time to file until August 13, 2018.
2018-05-20
Application (17A1420) to extend the time to file a petition for a writ of certiorari from June 14, 2018 to August 13, 2018, submitted to Justice Ginsburg.

Attorneys

Brandon Smith, Superintendent, Mid-State
Lisa Ellen FleischmannNYS Attorney General's Office, Respondent
Stuart Dizak
Stuart Dizak — Petitioner