No. 19-6869

Michael Anthony Jefferson v. David Shinn, Director, Arizona Department of Corrections, et al.

Lower Court: Ninth Circuit
Docketed: 2019-12-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: barker-v-wingo blackledge-v-perry civil-rights constitutional-rights criminal-procedure due-process motion-to-suppress prosecutorial-misconduct prosecutorial-vindictiveness speedy-trial vindictiveness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-04-24 (distributed 2 times)
Question Presented (AI Summary)

Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry

Question Presented (OCR Extract)

Questions Presented A. Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry when prosecutors resurrect a charge which was known to them and pending for nearly 5 years and only filed on the day a person exercises his rights and wins a motion to suppress on a different case? B. In the interest of justice and for the concern of the public should a criminal case be dismissed if someone is imprisoned, deprived of their liberty, and punished for exercising legal protected rights? C. When charges are filed with no action taken in a case for several years and only resurrected on the day a person invokes his constitutional rights in a subsequent case and prevails does this violate one’s speedy trial rights as articulated in Barker v. Wingo? i

Docket Entries

2020-04-27
Rehearing DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-03-11
Petition for Rehearing filed.
2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)

Attorneys

Charles Ryan, et al.
Terry Michael Crist IIIArizona Attomey General's Office, Respondent
Terry Michael Crist IIIArizona Attomey General's Office, Respondent
Michael Jefferson
Michael Anthony Jefferson — Petitioner
Michael Anthony Jefferson — Petitioner