No. 19-1391

Larry Alan Whitely v. Sharon McCoy, Warden

Lower Court: Tenth Circuit
Docketed: 2020-06-18
Status: Denied
Type: Paid
Tags: compulsory-process due-process fourteenth-amendment right-to-present-defense sixth-amendment trial-by-jury webb-v-texas witness-coercion
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment were violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED Webb v. Texas prohibits the government from making gratuitous threats that preclude defense witnesses from freely and voluntarily choosing to testify. Petitioner’s key defense witness, his wife, was threatened by government social workers that her children would not be returned to her if she did not believe her daughter’s uncorroborated allegations of sexual abuse and support her and not petitioner. The Questions Presented are: 1. Whether the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment were violated when defense counsel elicited only part of the key defense witness’s testimony due to his concern that the witness was overcome with fear by the social workers’ threats. 2. Whether the Right to Trial by Jury Clause of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment were violated when the reviewing courts assessed the credibility of a single accuser’s inherently-suspect, uncorroborated allegations against the missing testimony of post-conviction defense witnesses for prejudice resulting from Webb and Strickland errors. ii LIST OF

Docket Entries

2020-10-05
Petition DENIED.
2020-08-05
DISTRIBUTED for Conference of 9/29/2020.
2020-06-13
Petition for a writ of certiorari filed. (Response due July 20, 2020)

Attorneys

Larry Alan Whitely
Rhonda Kay Gordenpro bono services, Petitioner
Rhonda Kay Gordenpro bono services, Petitioner