Gettus Leroy Mintz v. Charles L. Ryan, Director, Arizona Department of Corrections, et al.
SocialSecurity Immigration
Whether the willful and serial denial of attempts to demonstrate actual innocence, by the courts and counsel, presents at a minimum the debatable quality necessary to receive a COA, if not the thorough review to vacate in the absence of proof beyond a reasonable doubt?
QUESTIONS PRESENTED. . | te IN 2004, PenTONER GEIrUS MINTZ WAS iATRebuCED TO PAYLUIS TUCKER THROUGH HER DAUGHTER aoe ¥ . MieHoLE. AS THEIR aginTionsHP G Rew, THEY SAW EACH OTHER MORE FREQUEN Ty, UNTIL Tey DECIDED TO tive TOGETHER, HE APPRECIATED HER AS AN ATTRACRVE AND. INTERESTING WOMAN, APMIRING HER ACCOMPLISH MEAITS AS A NURSE, HAVING THE RESOWVE OF A SINGLE PARENT, THAT ALLOWED HER TO PURCHASE HER OWN HOME IKi PEORIA , A NORTHWESTERN SUBURB OF PHOENIX, ARIZONA . Sue EVENTUALLY INVITED HER INVALID MOTHER , ARLENE WHITAKER , AND TROUBLED DAUGHTER , CRYSTAL POWELL, TO LIVE BIITH NER THERE AS WELL. THE PETITIONER INCREASINGLY BECAME AWARE OF THE PSYCHOPATIC UNDE eCUpRERITS THAT BASED BETWEEN THE THREE GENEPATIONS OF THE WOMEN, WHICH LED TO FHALIS FILING A RESTRAINING ORDER AGAINST cRyStAL, AND THE Stine Ment ARLENE EVENTUALLY GAVE TO POLICE THAT se AeGuep WaT PHYLUS WITH VOLATILE. FREQUENCY, HEQSELE, . ON THE EVEMUNG OF 5 FEBRUARY 209, THE PETITIONER HAD VISITED HS Morte’s Homi EN TOLLESON, A TOWN TO THE FAR souTuuEsr OF PHOENIX. AS HE HAD BEE DRINKING, HE CALLED PAYS | MOM HIS Momter’s ROUSE, BUT WAS INTERRUPTED A FEM MIMUTES INTO thse CALL KANO HAD BEAL | PhAcED EXACKY AT UCO eu, By A RéLarve WHO NEEDED TO USE THE PHove. He CALLED HER BACK ON WS CELL Pion TO say S00 NIGHT, AID WENT TO SLEEP on HS MonER’S SOFA. FAyLLIS WAS BRUTALLY STARGED NINE TIMES Wind ONE. OF THE KNIVES FROM HER CUTHEN GuTCHER BLED SET THAR MIGHT, DUUNG MIIGN AN, ATTEMPRD CALE 1D OU WAS STORED SHoEr AS THE sLaoOHED Ade ; WAS FOULED Rom tHe Walt Ar WS2pu. SHE MANAGED TO DRAS HERSKL EE ACRES THE SMREEF TOA NElGIEOR’S Home, CUHERE ANLOMHER FIL CALL WAS MaDe AT WeSSpu. THE RENTIONER Was TEMRRALLY EXCLUDED, ONA TESTING OF THE BtoOD FEND Ar Te SCENE , ONL LDENTIRED THAT OF PRYLLIS, AND Some FROU ARLENE WHO AtLebeD THAT THE PENTIONER dA) KILLED HER OAUGHTER, ANID ATTACKED HEE , NOTWITHSTANDING THAT NO DAA FROM THE FENTIONE? H4D BEEN IBENTIRED AT THE SCENE. THE RTTONTE, HONEVER, HAS CHARGED | AnD EXENITUAeLYy CONVICTED By A dey UPN THE TESTIMONY OF ARLENE, ALD THE PERJLR ED TESTIMONY OF THE INVEST] GOPTAG ORAICE@ THAT pS 86000 WAS RONID THéeee.. : THE YERDICT WAS Arfiemen On DIRECT APREAL, AND AGAIN ON COUATEeNE REVIAN, WHEN, APRA NITED ; COUNSEL DECLARED THAT THey GOULD FIND NO COLORARLE CLAIMS UPON WHICY REDE MiGHr BE GRANTED, Bur ALLOMED FoR A SuPPLEMeniTE. P00 St BRIEF TO £6 FILED. “VARIOUS PROCEDURAL DEFENSES wees. COMED AT THE SUME LEVEL, uD ON §2254 Revie AT THE DEXRCE AND Clavin coms Vewie e , | PETITION FER REEAQING eu dene WAS UNPROPERLY MISCONSTRUED AS A MOTION, TO RECONIS( DER, AND ENED By A qo WEE Outer DIFFEZENT FROM Its FIRSe REVIEW, BUT IDENTICOL IN 20TH INSHANGES TO : TAAT OF ANOTHER FErITIONER HAVING COMPLETELY DLRFERENT FACTS AND GeouNDS. 1, DOES THE WILLPUL AND S&QiAL DEAIAL OF ATTEMPTS 1 DEMONSTRATE AVAL INNOCENCE , By So COURTS AD COUNSEL, PRESENT AT A MINTHUM , THE DERATABLE Quauy NECESSHpy TO RECEWE A CoA, : IF Not THe THopaUG Review TO VACATE INE THE ABSIICE OF Recast BEPOND A REASON ARR Goust Z 2. DOES THE CAVALIER MIStlAIDUAIG OF REVIEW, LIKELY By CLERKS OF THE cLREZIC COURT, IN. ISEne PRESENT SUCH VIOLATION OF DUE PROCES AS TO REQUICE REVIEW! FOR ACTUNL INNOCENCE UNDER, § 22542 é