No. 18-8731

Carlos Noguera v. Greg Smith, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2019-04-11
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment civil-procedure civil-rights due-process equal-protection excessive-force medical-care prison-conditions standing takings
Latest Conference: 2019-06-13
Question Presented (from Petition)

With the Record Reflecting that the alleged victim consented to engaging in Sexual intercourse—Should Noguera have been convicted of Sexual Assault?

Did the Trial Judge Violate Noguera's 14th Amendment Right to Due Process of law for failing to charge the Jury instructions on Voluntary consent?

Could any Rational trier of fact have found Noguera guilty of Sexual Assault or essential elements of crime beyond a reasonable doubt had the Jury known about the Voluntary Consent of both the alleged Victim[s.G.7?

With the Records Reflecting that everyone agreed that the alleged victim allegedly consented including the alleged victim Should Noguera have been Charged with any Kind of Sexual assault?

Was the state courts decision objectively unreasonable in denying Noguera's request to instruct the Jury on consent of the alleged victim?

By the alleged victim Stating on the witness Stand that She did not consider the possibility of Pregnancy when she agreed to intercourse Show consent and Knowledge and was not a crime of Sexual Assault?

Question Presented (AI Summary)

Whether the Eighth Amendment's prohibition on cruel and unusual punishment was violated when the petitioner was subjected to excessive force and denied adequate medical care while incarcerated

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)

Attorneys

Carlos Noguera
Carlos Noguera — Petitioner