Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al.
DueProcess HabeasCorpus
Whether the petitioner received constitutionally effective assistance of counsel at trial
No question identified. : || | | Was denied rehire on September 18,1018. OW January 10 . L014 the prtitioner Eiled a Noriwee oF Appeal From that 3 decision With the Ninth Cireuit ( ourt oF AppaalsAN the S4itioners Clams Wave been vvwaus¢ed +o Mis level, oO = || The Petitioners Claims involve multiple Violations oF ‘ =|) WIS Cight +o Due Process and the Comptusory Process 7] undarc the Wh Amendment aS Wel as the perittoners 3 right +o a For trial Under the hth amandment The || $@ the petitioner cetreved Wis Stmrence wWithour due ca | TOCeSS OF law and recieved C2Stitution beyond Ws it ability to pau.tv® presumption of Corractnass used & 23 1 lookh Courts 1S Clearly &rronzeous, Borh Courts have ignored 3 1 Clearly established law and +e Constitutional provisions | 18 1 afforded +o a defendant tm a Criminal trial. Constitutional | “4 / Law %40.3the due process Clause oF the Federal consiit| a | Ution proibits the criminal Conviction of anu parson ax z | Uipt Upon proof of guilt beyond a reasonable doubt: ( one a Stt+Ud tonal. Law $a-S 4u40.3A person Can not incur tne ze |} Lost oF \\barty For © Criminal oF Fange,, Without notice | a | and a maningrul Opportunity +o defend, and suth Opp-| a2 ortdnity AF nor the right to trial sue presumes as | 2] WR that a total want of anidente, 40 Support a chara ce || Will Covelude +e Case in Favor of +e accused* The rule =| that no parson Consistently With due process. may be | ce || Convicted oF a Crime Leeper Upon prook of autlt ond so ||_O reasonable doubt requires also that the Facrfinder 23 Wil rottionally appty that Standard +0 the Facts im | QNidancy _O reasonable dou ing OF OA Minimum one 2 based Upon reagon.) it must appear that rLasonable : rests Could Find the assessment of the netunacs Clasllims debatable or Wrong.(Slack ve Mcebaniel S14 U-S. 413] = |] HOU (2000 The district Court hag overlooked the petition|| Q&S ConStttvitonal claims and the Wrong standard of The 7 | MW Was bem Apotrad. On Olr IS 101B Fhe petitioner Erl; 8 | gd Objections to +he Report and -KRecommandation. Tre die > || Strict Court rearFirmed its detision and no C-0-A. Was 2 terran ‘3 the pesto iS now esata w_order 23 | For she petitioner +0 obtain cele. 3 | — _Quashons Presented — ~ || fhe Oppstlant OS Constttuttonal error resulted in the | Appailant anguers 1 Yes o || 1: Did the petitioner recieve, Constitutional LE Fective 2s trial Court, ai cs || Treal Court answers? YAS ; _|| Appellant ansuergstno -s—CSsSSC*d . | 2 . id the appellants Constituttonal riqwis to dee pro2 | CeSS and the Complesor COLES gat violated in +h 3 | Pre-Trial proceedinas. 3 | —_ Court angwerss No : 5 A lant ansuiers 2 ULS : ; 714 Did the peat ioner FRUWL @ For trial thar das Fund if ntaliy Correct, Withour pray dice. 2 Trial Court answars > yes Fea | oa answers. No 12 ie the appellant With the wwidinw in question | 3 TAISe A TLeasonable doubt With jurors oF reagonable ||_purdence. Ls | Treat Court ansders® No i25 | Appullant ansvers? Yes 2 ls \S_ the record SutFicent For the district Court +o | * make a disposition without holding an eidintiary vo | Waring. | : "| Trial Covrt answers’ Yes . = || Appillant answerss No a : —_ TABLE of CopTeETS . Opinions Btlow = Pg.ts | . Jurisd ttrionPq. ) . Coustitutiwnal and Statutory Prowisiens (nvolued3 A WO | . Strotemant of CaSePail ) : Reasons For Grontin wie Fo. 14 , . | Conc WS on~ Pg. 3 | 31 : | twWdEex To APPEDICES : | Appan dix ANinth Caccurt Court of Appeals ~Opmion | : as wndix BUnited Grates District Court Op mion : — California — Court — ——— 25 : . | OPBtoWS BELOW man 5 For Fraderal cases: . : . . = || The oOpiwniwn of the United States Court of Appeals ‘ Opprars at Apoendix-A+o the partition and 16 destqnst ated For publication, : 2 The opinion of the United States distritt Court appears pd 1 at Apprzndl-Bfo the pltrition ahd 1S desiqnated For 7 Yolication. 13 | For State Cases? ie | The Opinion OF the Wighest StateCourt +0 raved a i EML MLIKS Appwars At