DueProcess CriminalProcedure Punishment Privacy
Whether a case is prosecutable when the District Attorney commits a felony in violation of California Penal Code § 141, which violates Brady v. Maryland
QUESTIONS PRESENTED ; 1. Whether a case is prosecutable under California v. Trombetta, 467 U.S. 479 (1984) when the District Attorney commits a felony in violation of California Penal Code § 141, effective January 1, 2017, which . in turn violates the Constitutional mandate of Brady v. Maryland, 373 U.S. 83 (1963), during the prosecution of the case. 2. Whether a court which raises bail to excessive amounts ($50,000 to $500,000) while the District Attorney conceals evidence exculpatory to the charges alleged deprives the accused of due process such that no determination of the accused’s custody status should be permitted without the disclosing of material exculpatory evidence in the possession of the prosecution. 3. Whether unjustifiable pepper-spraying, Tasering, and bloodying a defendant when he declined to accept the District Attorney’s plea offer is grounds for dismissal under Rochin v. California, 342 U.S. 165 (1952), when the court directed the bondsman to bring the defendant to the court to surrender.