No. 19-7866

Farid Popal v. Stephen Brown

Lower Court: Second Circuit
Docketed: 2020-03-04
Status: Dismissed
Type: IFP
IFP
Tags: civil-rights confrontation-clause constitutional-violation criminal-procedure due-process habeas-corpus witness-tampering
Key Terms:
DueProcess
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Whether the U.S. Constitution protects witnesses from being tampered with when a detective was whispering into his ears during live Skype testimony in open court, and whether whispering into the ear of a testifying witness in open court is a violation of a criminal defendant's due process rights that prevented him from cross-examining the witness and presenting a complete defense

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . WHETHER THE U.S. CONSTITUTION PROTECTS WITNESSES FROM BEING TAMPERED : WITH WHEN DETECTIVE WAS WHISPERING INTO HIS EARS DURING LIVE SKYPE. . TESTIMONY IN OPEN COURT, AND WHETHER WHISPERING INTO THE EAR OF TESTIFYING WITNESS IN OPEN COURT IS A VIOLATION OF A CRIMINAL . DEFENDANT'S DUE PROCESS RIGHTS THAT PREVENTED HIM FROM GROSS EXAMINING WITNESS AND PRESENTING A COMPLETE DEFENSE, AND WHETHER SAID CONDUCT IS ‘SANCTIONED BY THIS COURT'S PRECEDENT LACKAWANNA COUNTY DISTRICT ATTORNEY V. COSS, 532 U.S. 394. . In the case at bar, the U.S. Court of Appeals denied a ‘« previous application arguing the same issue on the basis that the U.S. Supreme Court does not provide any mechanism for relief in a , post conviction motion and apparently based on that understanding, "the same court also denied the instant §1983 civil suit against the detective who was whispering into the ear of the witness. In the previous application having the same issue, the Court cited Coss Supra. WHETHER THE LEAD CASE DETECTIVE'S DOCUMENTED WHISPERING IN THE EAR OF WITNESS* IN OPEN COURT TO DEFEAT PETITIONER'S POST CONVICTION MOTION PRESENTS A QUESTION OF LAW FOR THE FEDERAL COURT OF APPEALS TO RESOLVE? , Here, as evidenced by the Federal Court of Appeals order ~ annexed here as

Docket Entries

2020-05-18
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2020)

Attorneys

Farid Popal
Farid Popal — Petitioner