No. 19-5232

Ricky Ray Malone v. Tommy Sharp, Interim Warden

Lower Court: Tenth Circuit
Docketed: 2019-07-18
Status: Denied
Type: IFP
IFP
Tags: chapman-standard chapman-v-california constitutional-violation criminal-procedure cumulative-error cumulative-error-analysis federal-law harmless-error harmlessness-review plain-error plain-error-review prejudice prejudice-component
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Where plain error review includes a built-in prejudice component, is subjecting an acknowledged plain error to a second round of harmlessness review pursuant to Chapman v. California, 386 U.S. 18 (1967) contrary to clearly established federal law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Where plain error review includes a built-in prejudice component, is subjecting an acknowledged plain error to a second round of harmlessness review pursuant to Chapman v. California, 386 U.S. 18 (1967) contrary to clearly established federal law? 2. Must federal courts consider the synergy amongst acknowledged errors, when such individual errors have failed to satisfy their substantive prejudice components, in assessing whether the cumulative effect of the errors results in a constitutional violation? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-22
Reply of petitioner Ricky Malone filed. (Distributed)
2019-08-08
Brief of respondent Tommy Sharp, Interim Warden in opposition filed.
2019-08-06
Letter of August 6, 2019, substituting respondent pursuant to Rule 35.3 received.
2019-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)
2019-05-01
Application (18A1123) granted by Justice Sotomayor extending the time to file until July 15, 2019.
2019-04-29
Application (18A1123) to extend the time to file a petition for a writ of certiorari from May 15, 2019 to July 14, 2019, submitted to Justice Sotomayor.

Attorneys

Ricky Malone
Robert Spencer JacksonAttorney of law, Petitioner
Tommy Sharp, Interim Warden
Jennifer L. CrabbOffice of the Attorney General, Respondent