No. 19-1472

Phillip Antonio Davis v. Scott Crow, Director, Oklahoma Department of Corrections

Lower Court: Tenth Circuit
Docketed: 2020-07-08
Status: Denied
Type: Paid
Tags: character-evidence conspiracy conspiracy-theory criminal-defense criminal-procedure-evidence-admissibility due-process evidence-exclusion excessive-force jackson-v-virginia judicial-review relevance right-to-present-defense standard-of-review trial-procedure
Key Terms:
DueProcess Takings HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the exclusion of evidence deemed necessary by Petitioner to present a complete defense and to combat the State's theory of guilt could be rationally justified

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the exclusion of evidence deemed necessary by Petitioner to present a complete defense and to combat the State’s theory of guilt could be rationally justified when the State appellate Court applied a blanket rule governing the admissibility of general character trait evidence, despite the fact that excluded evidence of the alleged victim’s conduct was directly related to the series of transactions at issue in the case and was not general character or character trait evidence. 2. In a case in which a criminal defendant asserts that his evidence was excluded without rational justification, are reviewing courts required to address the actual facts sought to be proven by the evidence, to determine whether the facts sought to be proven are material, and to determine whether the excluded evidence would have i any tendency to make those material facts more probable or less probable? 3. Under Jackson v. Virginia, is a State permitted to secure a first-degree murder conviction based on a wholly speculative conspiracy theory and to subsequently justify the conviction on appeal based on alternative theory of excessive force against an unknown intruder that was never placed before the jury or decided by the jury? ii

Docket Entries

2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-01-22
Petition for a writ of certiorari filed. (Response due August 7, 2020)

Attorneys

Phillip Davis
Aaron Drue JohnsonJagers & Johnson, Attorneys at Law, PLLC, Petitioner