No. 18-8644

Emanuel L. Finch, Sr. v. Bradley Graham, et al.

Lower Court: Ninth Circuit
Docketed: 2019-04-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence
Key Terms:
FourthAmendment DueProcess FifthAmendment CriminalProcedure Securities Patent Privacy JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the conduct complained of is a question of law

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Whether it is a question of Law for the Supreme Court of the United States to determine the conduct complained of ? (2) Whether the Petitioner have a Constitutional right to a fair trial ? (3) Whether there was a denial of due process because the evidence was unconstitutionally insufficient to convict ? (4) Whether the verdict should be set aside because it was contrary to the weight of evidence ? (5) Whether there was a denial of due process to the Petitioner because the trial did not comport with fundamental fairness because of the improper actions of Police and Prosecutor ? (6) Whether the materiality of false testimony is a question of Law ? for the Supreme Court of the United States to decide ? (7) Whether the State bears the burden of proving voluntary consent when it obtains consent known as ‘knock and talk’ ? (8) Whether the State or Defense Attorney have the burden to declare a witness unavailable ? (9) Whether the Petitioner have a Constitutional right to confront witnesses against him ? (10) Whether the failure of the trial court to advise the Petitioner of his CrR 35 (b) rights at the suppression hearing constitute reversible error ? . ; (11) What constitute or consider a ‘seizure’ ? (12) If a person or suspect is ‘seized’ is he consider to be in ‘custody’ for Miranda purposes? (13) Whether in Washington State according to CrRLJ 3.1 " the phase taken into ‘custody’ has been replaced with has been ‘arrested” ? (14) For the purpose of Miranda V Arizona, 348 US 436 (1966), is the Police required to advise a person or suspect of his or her Miranda rights if he or she is in Police custody ? (15) Whether CrR 3.1 (b)(1) is equivalent to that of CrRLJ 3.1 (b)(1), that rule based on the right to Counsel before the Petitioner has a Sixth Amendment right to Counsel ? (16) Whether the right to a Lawyer shail accures as soon as feasible ‘after the person or suspect is taken into custody ? (17) Whether the Police must comply with Ferrier warning prior to entering a person or suspect residence to effect an arrest or search ? (18) What constitute a Warrantless Search or Seizure ? (19) . Whether a person or suspect have a Constitutional right to be confronted with evidence used against him including Audio and Video recordings ? (20) Whether a person or suspect have a Constitutional right to Compulsory Process ? JPAY Tell your friends and family to visit www.jpay.com to write letters and send money!

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-16
Waiver of right of respondents Bradley Graham, et al. to respond filed.
2017-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2019)

Attorneys

Bradley Graham, et al.
William Cody FosbreCity of Tacoma- Legal Department, Respondent
William Cody FosbreCity of Tacoma- Legal Department, Respondent
Emanuel L. Finch
Emanuel L. Finch Sr. — Petitioner
Emanuel L. Finch Sr. — Petitioner