No. 18-8450

Randall Alan Carder v. California

Lower Court: California
Docketed: 2019-03-18
Status: Denied
Type: IFP
IFP
Tags: assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense
Key Terms:
DueProcess
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a deadly weapon when petitioner testified, he 'counter-attacked' the complaining witness in self-defense after she attacked petitioner with a knife?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; 1. Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a deadly weapon when petitioner testified, he “counter-attacked” the complaining witness in self-defense after she attacked petitioner with a knife? 2. Was petitioner's Constitutional right to effective assistance of counsel violated when trial counsel failed to request a self-defense instruction to a charge of assault with a deadly weapon after petitioner testified, he “counter-attacked” the complaining . witness in self-defense when she attacked him with a knife? i

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2019)

Attorneys

Randall Alan Carder
Randall Alan Carder — Petitioner