No. 19-8040

Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al.

Lower Court: First Circuit
Docketed: 2020-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-examination based on the trial judge's own determination that the witness at issue is a credible witness

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether it is permissible under a criminal defendant’s Sixth Amendment right of confrontation! for a trial judge to curtail materially relevant cross-examination based on the trial judge’s own determination that the witness at issue is a credible witness. | ; 2. Whether the federal courts below have rejected this Court’s clearly established | authority as to the standard for relief pursuant to 28 U.S.C. § 2254(d)(1). Williams v. Taylor, 529 US. 362, 389 (2000). 3. Whether the federal courts below have rejected this Court’ clearly established authority as to the standard for relief pursuant to 28 U.S.C. § 2254(d)(2). Miller-El v. Dretke, | 545 U.S. 231, 240 (2005), Miller-El v. Cockrell, 537 U.S. 322, 340 (2003), and Wiggins v. Smith, 539 U.S. 510, 528 (2003). 4. Whether the U.S. Court of Appeals for the First Circuit has applied an unreasonable | standard for determining whether a Certificate of Appealability should issue under 28 U.S.C. § 2253(c), violating the requirements of Miller-El v. Cockrell, 537 U.S. 322, 338 (2003), Slack v. | McDaniel, 529 U.S. 473, 484 (2000), and Barefoot v. Estelle, 463 U.S. 880 (1983). | 5. Whether, where the state of conviction has the power to transfer a petitioner to custody in another state, it is proper for a petitioner proceeding on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to list as a respondent the Attorney General of the state of conviction. See Barry v. Bergen County Probation Dep’t, 128 F.3d 152, 162-163 (3d Cir. 1997); See id., 128 F.3d at 162-163 (citing and quoting cf. Reimnitz v. State’s Attorney of Cook «(T]he Sixth Amendment’s right of an accused to confront the witnesses against him is... a fundamental right and is made obligatory on the States by the Fourteenth Amendment.” Pointer v. Texas, 380 U.S. 400, 403 (1965). : i County, 761 F.2d 405, 409 (7 Cir. 1985)).

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-04-01
Waiver of right of respondents Osvaldo Vidal, et al. to respond filed.
2020-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2020)

Attorneys

Jerry Meas
David H. MirskyMirsky & Petito, Attorneys at Law, Petitioner
David H. MirskyMirsky & Petito, Attorneys at Law, Petitioner
Osvaldo Vidal, et al.
Todd Michael BlumeOffice of the Massachusetts Attorney General, Respondent
Todd Michael BlumeOffice of the Massachusetts Attorney General, Respondent