No. 19-6909

Efrain J. Rosa v. R. L. Rhodes, Warden

Lower Court: Ninth Circuit
Docketed: 2019-12-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-v-maryland brady-violation conviction-reversal criminal-justice criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fifth-amendment government-misconduct prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-04-24 (distributed 2 times)
Question Presented (AI Summary)

Has the government's suppression of exculpatory evidence violated due process under the Fifth Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. When the Government affirms that all the requisite documents ation, under the rule of Brady v. Maryland, 373 US 83 (1963) will be provided, but then suppresses documentation that is favorable to the defense and material to the defendant's guilt or punishment, has a violation of DUE PROCESS of the Federal Constitution's FIFTH AMENDMENT accured requiring reversal of the conviction? . Il. When a conviction arises based upon a record lacking any ; . : evidence as to the crucial elements of the offense, due to the Government's suppression of documentation proving the. evidence was lacking, has a denial of DUE PROCESS in violation of the Federal Constitution's FIFTH AMENDMENT accured requiring reversal of the conviction? III. When the police charged with an investigation acts in such a way as to shock the conscience destroying the fairness, : integrity, and honor of the operation of the criminal justice system by replacing seized property with another item and then falsely claim to have found incriminating evidence to’ . secure a conviction and then suppress their own documentation proving this fact, has a crucial denial of DUE PROCESS in : violation of the Federal Constitution's FIFTH AMENDMENT -accured, requiring reversal of the conviction?

Docket Entries

2020-04-27
Rehearing DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-02-10
Petition for Rehearing filed.
2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-26
Waiver of right of respondent R. L. Rhodes, Warden to respond filed.
2019-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2020)

Attorneys

Efrain J. Rosa
Efrain J. Rosa — Petitioner
Efrain J. Rosa — Petitioner
R. L. Rhodes, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent