No. 19-7124

Derwin Lee Butler v. California

Lower Court: California
Docketed: 2019-12-31
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony
Key Terms:
DueProcess Securities
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Does a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instruction to the jury

Question Presented (OCR Extract)

No question identified. : QUESTIONS 1. Does a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instruction to the jury that acted as substitute for two of the: defense witnesse ( Michelle Nichols and Dep. Hurian.)? ia . 2. Is it a constitutional violation when the trial court denys a defendant motion based on grossly misrepresents trial facts; resulting in the denial of the defendants (petitioners) rights to call witnesses in his favor and his due process rights in the post trial Marsden Hearing? : 3. If the trial record is contrary to the courts claim that it read and instructed the jury to accept the stipulated facts as true..., what remedy/relief is the petitioner entitled to when the courts error prejudiced the petitioner? 4. Is the ADPEA applicable when the state and federal courts fail to acknowledge and provide a remedy for a clear and convincing court error that denied petitioner of due process ? . . (i)

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2019-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)

Attorneys

Derwin L. Butler
Derwin L. Butler Jr. — Petitioner
Derwin L. Butler Jr. — Petitioner