No. 19-6815

Blake Wingate v. New York

Lower Court: New York
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-application pro-se pro-se-representation
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Where the right to proceed pro se is constitutionally even on appeal or a post conviction application, is it a violation of due process and or the equal protections of the United States constitution as well as the New York state constitution to refuse to consolidate C.P.L. 440.10, Habeas Corpus, Writ of Error denied; all filed post conviction and before the first instance direct appeal were filed

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; WHERE THE RIGHT TO PROCEED PRO SE IS CONSTILTUTIONALY EVEN ON APPEAL OR A POST CONVICTION APPLICATION , IS IT A VIOLATION OF DUE PROCESS AND OR THE EQUAL PROTECTIONS OF THE UNITED STATES constitution as well as the new york state constitution TO REFUSE TO CONSOLIDATE C.P.L. 440.10, Habeas Corpus, WRIT OF ERRORDENIED ; ALL FILED POST CONVICTION AND BEFORE THE FIRST INSTANCE DIRECT APPEAL WERE FILED.. WHERE EACH OF THE POST CONVICT -ION APPLICATIONS WERE DENTED_ BECAUSE THEY COULD HAVE BEEN DECLARED ON THE DIRECT APPEAL, WHICH WAS NOT FILED UNTIL 2 years later? BASED UPON THE AFOREMENBTIONED IS THE CLAIMANT AT LAW STILL SUFFERING FROM INEFFECTIVE ASSISTANCE OF COUNSEL , AND PREJUDICE FOR ACTING PRO SE WHT.CH ES HIS CONSTITUTIONAL RIGHT ? BASED UPON THE CIRCUMSTANCES HEREIN ,AND THE FALLURE TO CONSOLIDATE THE DIRECT APPEAL WITH THE POST CONVICTION DENIALS , THE APPEAL IS NOT PROPER ‘AND UNACCEPTABLE TO BE ACCEPTED BY A TRAINED ATTORNEY AT LAW. . In the appellate division 2nd department, the deponent has been having a serious problem with the CLERK OF THE COURT She Ms.Aprilanne Agostine has been accepting motions and returning the exhibits without cover letter. She has also returned motions 2 days late due to acts of the facility w/o allowing the residential judge know of their lateness. In the gst department, the clerk of the court never forwarded the claimant at law a copy of the june 23 2019 decision until he wrote to 0.C.A. Special Inspector General Sherrill Spatz and complained on how they were all reacting to the issue of the article 78 with Lynn W.L. Fahey. The abuse of pro~ cess is not unrecognizable and can't shock the conscience when racism and prejudice have been a part of the system to cause the KLU KLUX KLAN ACT to be established 42 USCA 1985.. AL

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-07
Waiver of right of respondent New York to respond filed.
2019-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Blake Wingate
Blake Wingate — Petitioner
New York
Johnnette TraillDistrict Attorney's Office, Respondent