No. 19-5122

David Alan Westerfield v. California

Lower Court: California
Docketed: 2019-07-09
Status: Denied
Type: IFP
IFP
Tags: capital-trial de-novo-review due-process due-process-review fourth-amendment independent-review jury-sequestration polygraph-evidence pretrial-publicity probable-cause sheppard-v-maxwell standard-of-review
Key Terms:
FourthAmendment DueProcess CriminalProcedure Punishment Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the mandate announced in Sheppard v. Maxwell apply to the appellate assessment of the trial court's rejection of jury sequestration?

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. Does the mandate announced in Sheppard v. Maxwell (1964) 384 U.S. 333 at page 362, that appellate courts, reviewing the measures taken by the trial court to protect due process from the effects of intense publicity and public interest in a criminal prosecution, must employ independent review, apply to the appellate assessment of the trial court’s rejection of multiple requests to sequester the jury during the guilt and penalty phases of a capital trial for which there was intense and continuous publicity from the time the crime was discovered in February 2002 through the end of trial in September 2002; or is the California Supreme Court correct, that the proper standard of review for the trial court’s decision to sequester the jury vel non is a deferent standard of abuse of discretion? B. In accord with the Fourth Amendment requirement that probable cause for issuance of a warrant be predicated on inherently reliable evidence, is polygraph evidence cognizable for this purpose, or does the use of such evidence, when decisive for the magistrate’s issuance of a search warrant, vitiate the warrant? 3

Docket Entries

2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Brief of respondent The State of California in opposition filed.
2019-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)

Attorneys

DAVID WESTERFIELD
Mark D. Greenberg — Petitioner
The State of California
Robin Helene UrbanskiThe California Attorney General, Respondent