No. 19-5023

Jason Keith Walker v. United States

Lower Court: Ninth Circuit
Docketed: 2019-07-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment
Key Terms:
DueProcess FifthAmendment HabeasCorpus Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the petitioner is entitled to a certificate of appealability

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the petitioner, Jason Keith Walker, is entitled to a certificate of appealability on his claim that his trial counsel provided ineffective assistance of counsel in derogation of Walker’s Sixth Amendment rights in three respects: (1) during plea negotiations when trial counsel advised Walker that he faced a maximum penalty of 20 years instead of life; (2) providing erroneous advise that co-defendants’ plea agreements could not be used against Walker at trial or sentencing; and, (3) trial counsel’s assessment that the government would not be able to prove its case because it was based on unreliable witnesses, known perjurers, and lack of evidence that Pitch Dark Family (PDF) was a criminal enterprise. 2. Whether the petitioner, Jason Keith Walker, is entitled to a certificate of appealability on his claim that his appellate counsel provided ineffective assistance in derogation of Walker’s due process rights under the Fifth Amendment in two respects: (1) failing to assert the trial evidence was insufficient to establish that PDF was an ongoing organization composed of associates functioning as a continuing unit; and, (2) failing to challenge prosecutorial misconduct or evidence based on perjured and unreliable testimony. 3. Whether the petitioner, Jason Keith Walker, is entitled to a certificate of appealability on his claim that the Government violated his due process rights under the Fourteenth Amendment by: (1) failing to disclose the i fact that a Government witness was a paid informant then failing to correct the informant’s false trial testimony that he had received no money from the Government; and, (2) knowingly allowing five Government witnesses to provide perjured trial testimony. 4, Whether the denial of petitioner’s request for a certificate of appealability improperly condoned the prosecutor’s profligate misconduct in not only failing to disclose to the defense before trial that a Government witness had been paid as an informant in violation of Brady v. United States, 397 U.S. 742 (1970), but also by not correcting the informant’s false trial testimony that he received no money from the Government, in violation of Napue v. Illinois, 537 U.S. 322 (2003), and Giglio v. United States, 405 U.S. 150 (1972)? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Waiver of right of respondent United States to respond filed.
2019-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Jason Walker
Carolyn D. PhillipsLaw Office of Carolyn D. Phillips, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent