No. 18-7100

Brian Simmons v. Michael Capra, Superintendent, Sing Sing Correctional Facility

Lower Court: Second Circuit
Docketed: 2018-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process fair-trial fraud-on-the-court ineffective-assistance ineffective-assistance-of-counsel judicial-review perjured-testimony perjury prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether petitioner's justification defense was lost amongst the volume of prosecutors' use of false or perjured testimonies that went uncorrected

Question Presented (OCR Extract)

Questions Presented 1) Whether, petitioner's justification defense was lost amoungest the volume of prosecutors use of false or perjured testimonies that went uncorrected. 2) Whether, the redacted Police Narrative Report #3 violated the petitioner's Due Process of Law. 3) Whether, counsel's failure to inform the Court of Peoples failure to disclose material evidence, that was the alleged victim excuse for being shot, denied defendants due process right to a fair and impartial trial. 4) Whether, counsel's failure to investigate, and correct prejudicial testimony amounted to egregious ineffective assistance of counsel. ; 5) Whether, the Second Circuit failed to conduct the sort of "careful examination" required to establish that prior judicial review was not considerate to pro se litigant arguments briefed. 6) Whether, prosecutorial misconduct described violated petitioner's due process of law. 4 7) Whether, clearly exposed solicitations of perjured testimony constitute Fraud on the Court. "LAST OF PARTIES ; 7 : i [ ] All parties appear in the caption of the case on the cover page “ . [x] All parties do not appear in the caption of the case on the cover page. A list of all parties to-the proceeding in the court whose judgment is the subject.of this _ . petition is as follows: _ . Brian Simmons, ~ . , ; Petitioner Appellant, , oo, Superintendent , 'Respondent Appellee, a ; . | The. People of The State of New York, ; . / : Respondent . a & : : uo

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-10
Waiver of right of respondent Michael Capra to respond filed.
2018-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2019)

Attorneys

Brian Simmons
Brian Simmons — Petitioner
Michael Capra
Nikki KowalskiNew York Attorney General's Office, Respondent