No. 19-6068

Michael S. Sites v. West Virginia

Lower Court: West Virginia
Docketed: 2019-09-25
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights court-procedure criminal-procedure critical-proceedings due-process harmless-error jury-deliberations right-to-be-present
Key Terms:
DueProcess
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Did the West Virginia Supreme Court violate the Petitioner's Constitutional Rights to be Present at ALL Critical proceedings, including the answering of jury questions during deliberations, when the Petitioner and his Counsel were not present for most of the seven (7) questions answered, and by using the harmless-error analysis in such a critical stage?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Did the West Virginia Supreme Court violate the Petitioner's Constitutional Rights to be Present at ALL Critical proceedings, including the answering of jury questions during deliberations, when the Petitioner and his Counsel were not present for most of the seven (7) questions answered, and by using the harmless-error analysis in such a critical stage? 2. Did the Circuit Court Judge violate the Petitioner's Constitutional Right to be Present at ALL Critical proceedings when he answered the jury’s seven : questions without the Petitioner or his Counsel being present at all times? 3. Is it a Constitutional critical stage for the Petitioner and Petitioner's Counsel to be present when the Court answers jury questions during deliberations?

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2019)
2019-07-17
Application (19A71) granted by The Chief Justice extending the time to file until September 9, 2019.
2019-07-08
Application (19A71) to extend the time to file a petition for a writ of certiorari from July 11, 2019 to September 9, 2019, submitted to The Chief Justice.

Attorneys

Michael S. Sites
Michael S. Sites — Petitioner
Michael S. Sites — Petitioner