No. 18-8001

William Fykes v. West Virginia

Lower Court: West Virginia
Docketed: 2019-02-15
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors with additional instruction

Question Presented (OCR Extract)

No question identified. : i” QUESTION (S$) PRESENTED (1) Whether Petitioner's rights under the due process of law of the US Constitution's XIV Amendment and W.Va. Constitution Art. TII, §10, were violated where the trial Court committed : reversible error by refusing to provide jurors with additional instruction, despite counsel's objection, when jurors signaled that did not comprehend the Court's Instructions and were struggling with the critical element of intent. : (2) The Prosecutor committed plain error by questioning the Petitioner about his post arrest silence in a case that rested on credibility. Petitioner was denied his State and Federal rights against self-incrimination and rights to due process of law due to the improper line of questioning by the Prosecutor. US Const. Amend. V and XIV; WV Const. Art. III §§5 and 10.

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2016-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

William Fykes
William Fykes — Petitioner
William Fykes — Petitioner