No. 19-7039

Kevin Lee Beam v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.

Lower Court: Third Circuit
Docketed: 2019-12-20
Status: Denied
Type: IFP
IFP
Tags: actual-innocence brady-violation constitutional-rights dna-evidence due-process exculpatory-evidence fair-trial fetal-dna miranda-rights right-to-fair-trial self-incrimination sentencing-statute
Key Terms:
DueProcess FourthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Does the misguided destruction of exculpatory fetal DNA tissue evidence constitute a Brady violation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Does the misguided destruction of exculpatory fetal DNA tissue evidence belonging to the victim by the Respondent constitute a "Brady. Violation" where such evidence would have established Petitioner's actual innocence? IE. Does the invalidation of Pennsylvania's Mandatory Minimum Sentencing Statute [based upon this Court's opinions in Alleyne and Montgomery rendering it : , unconstitutional] have retroactive effect on state post-conviction review as such invalidation constitutes a substantive change in constitutional law : which dictated the length of Petitioner's sentence? III. Does interrogating Petitioner without reading him his "Miranda Rights" ~ violate his constitutional right against self-incrimination where the line questioning was direct to him as a suspect, instead of a witness in order to elicit an incriminating statement? IV. Does the suppression of "Low IQ Evidence" from the jury deny Petitioner his right to a fair trial and due process of law where he was precluded from : challenging the voluntariness of his coerced vague confession? :

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2019-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)

Attorneys

Kevin L. Beam
Kevin Lee Beam — Petitioner