No. 18-8568

David Piper v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production
Key Terms:
AdministrativeLaw
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether Petitioner was deprived of compulsory process under the Due Process Clause and Compulsory Process Clause

Question Presented (OCR Extract)

QUESTION(S) PRESENTED IL Whether Petitioner was deprived of compulsory process under the Due Process Clause of the Fifth Amendment and the Compulsory Process Clause of the Sixth Amendment to the United States Constitution where Petitioner filed applications for writ of habeas corpus ad testificandum to compel the production of defense witnesses Castle and Ely at Petitioner's trial; where, in response to the applications, the district court sua sponte ordered the government to issue Attorney Special Requests ("ASRs") to the U. S. Marshal to produce defense witnesses Castle and Ely at Petitioner's trial; where defense witness Ely was not produced at Petitioner's trial; where mistake of fact and/or mistake of law provided the basis for Ely's non production; where the district court failed to enforce its order to produce defense witness Ely at Petitioner's trial; and whether review should be de novo under Rule 51(b) of the Federal Rules of Criminal Procedure; or whether the district court plainly erred under Rule 52(b) of the Federal Rules of Criminal Procedure? II. Whether the district court abused its discretion in denying Petitioner's motion to continue trial to secure the production of Petitioner's only favorable and material witness? ii

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent United States to respond filed.
2019-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2019)

Attorneys

David Piper
Catherine Ann Rushlow Dunnavant — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent