No. 18-9000

Johnnie Sterling, Jr. v. Ronda Pash, Warden

Lower Court: Eighth Circuit
Docketed: 2019-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1257 4th-amendment 5th-amendment 6th-amendment certificate-of-appealability constitutional-rights dna-testing due-process post-conviction-relief skinner-v-switzer subject-matter-jurisdiction
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Should the United States Eighth Circuit Court of Appeals have granted the Certificate of Appealability in case no. 18-2519, where no reasonable jurist would have denied that the appellants' United States Constitutional rights under the 5th, 6th and 4th amendments were violated as presented by the petitioner in his certificate of appealability to that Eighth Circuit, and should have been transferred to this United States Supreme Court for lack of subject matter jurisdiction according to the discussions in Skinner v. Switzer, 131 S.Ct. 1239 (2011) and pursuant to title 28 U.S.C.S. 1257, where appellants' claims relate to similar procedural due process violations?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Should ‘the United States Eighth Circuit Court of Appeals have granted the Certificate of Appealahbility in case no. 18-2519, where no reasonable jurist would have denied that the appellants ; ; United State Constitutional rights under the 5th, 6th and 4th amendments were violated as presented hy the petitioner in his certificate of appealability to that Bighth circuit, and should have Seen or should have heen transferred to this United State | Supreme Court for lack of suhject matter Jurisdiction according to the discussions in Skinner v. Switzer, 131 ©.Ck. 1239 (2911) and pursuant to title 28 U.S.C.S. 1257, where appellants claims : relate to similar procedural due process violation? -«' : . . Also: 2. Does the Missouri DNA post-conviction procedure under section. 547.935 (2)(3), Revised Statute of Missouri, in all similarities foreclose PNA testing to a Missouri defendant's who seeks testing , through this DNA post-conviction procedure where that defendant failed to have sought PNA testing before trial hegan in their case? . 3. Tf a defendant claimed innocence throughout his defense upon arrest, at trial and requested under "actual innocence" requested through this Missourt procedure "MTOCHONDRTAL PNA" testing of a hair in his PNA post-conviction motion pursuant to °%.5.M. 547.035, should the petitioner Sterling 4‘e denied the exculpatory results of the Miochondrial DNA testing of the hair found at the crime scene inside the victims to support his innocence?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent Ronda Pash to respond filed.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Johnnie Sterling
Johnnie Sterling — Petitioner
Johnnie Sterling — Petitioner
Ronda Pash
Julie Marie BlakeMissouri Attorney General's Office, Respondent
Julie Marie BlakeMissouri Attorney General's Office, Respondent