No. 18-9509

Robert Lehmann v. Scott Kernan, Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2019-05-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arizona-v-youngblood bad-faith-exception brady-v-maryland due-process evidence evidence-preservation fair-trial ineffective-assistance prosecutorial-misconduct scientific-evidence scientific-testing strickland-v-washington
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

With the advancement of scientific testing methods of biological evidence, is the 'bad faith' exception to the failure to preserve evidence carved out by this Court in Arizona v. Youngblood, 488 U.S. 51 (1988) now unreasonable and should it be revisited and modified to reflect scientific advances, in particular in light of Mr. Justice Stevens' Concurrence (at 60-61) and the Mr. Justice Blackmun's Dissent?

Question Presented (OCR Extract)

Questions Presented 1. With the advancement of scientific testing methods of biological evidence, is the “bad faith” exception to the failure to preserve evidence carved out by this Court in Arizona v. Youngblood, 488 U.S. 51 (1988) now unreasonable and should it be revisited and modified to reflect scientific advances, in particular in light of Mr. Justice Stevens’ Concurrence (at 60-61) and the Mr. Justice Blackmun’s Dissent? 2. Was Trial Counsel’s failure to obtain or otherwise request blood and urine samples for independent defense testing ineffective for Strickland v. Washington, 466 US 668 (1984) purposes? : 3. Were the 25 recorded instances of prosecutorial misconduct, when taken together, sufficient to deny Petitioner a Fair Trial? 4. Was there sufficient cumulative error to deny the petitioner a Fair Trial? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-12
Waiver of right of respondent Scott Kernan to respond filed.
2019-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)

Attorneys

Robert Lehmann
Robert Lehmann — Petitioner
Scott Kernan
Jennifer A. JadovitzOffice of the Attorney General, California Departm, Respondent