No. 18-8033
Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk
Response WaivedIFP
Tags: criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-03-15
Question Presented (AI Summary)
Was the identification of the petitioner unreasonably suggestive?
Question Presented (OCR Extract)
QUESTION(S) PRESENTED , ISSUE #1: THE IDENTIFICATION OF THE PETITIONER WAS UNREASONABLY SUGGESTIVE CAUSING PLAIN ERROR PP. 5-12 ISSUE #2: THERE WAS PLAIN ERROR WHEN THE PROSECUTOR ELICITED TESTIMONY THAT TWO WITNESSES WERE LIVING IN A HOTEL BECAUSE THEY FEARED FOR THEIR LIVES pp. 12-13 ISSUE #3: THE PROSECUTOR CAUSED A SUBSTANTIAL LIKELIHOOD OF A MISCARRIAGE OF JUSTICE WHEN HE STATED THE PETITIONER WAS A KNOWN DRUG DEALER UNCHARGED : Pp. 14-17 :
Docket Entries
2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
Waiver of right of respondent Sean Medeiros, Superintendent to respond filed.
2018-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2019)
Attorneys
Luis Alberto Montalvo Borgos
Luis Alberto Montalvo Borgos — Petitioner
Luis Alberto Montalvo Borgos — Petitioner
Sean Medeiros, Superintendent
Eva Marie Badway — Office of the Massachusetts Attorney General, Respondent
Eva Marie Badway — Office of the Massachusetts Attorney General, Respondent