No. 19-8607

Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility

Lower Court: Second Circuit
Docketed: 2020-06-04
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2020-11-13 (distributed 2 times)
Question Presented (AI Summary)

Does the Confrontation Clause permit the introduction of testimonial identification statements of a non-testifying forensic analyst?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the Confrontation Clause permit the prosecution to introduce testimonial identification statements of a non-testifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements? 2. Whether petitioner’s right to a fair trial denied to him by the prosecution’s flagrantly irrelevant and inflammatory summation to the jury, when the misconduct was (i) repeated and persistent, (ii) intentional, (iii) unremedied by a curative instruction from the court, even though counsel made no objection, (iv) unprovoked by defense counsel? 3. Whether petitioner was deprived the effective assistance of counsel guaranteed by the Constitutional, when counsel sat idly and let the prosecution/court violate petitioner’s Constitutional right to a fair? 4. Did Appellate counsel deprive petitioner meaningful representation when, she omitted in her Appeal Brief that, petitioner’s Constitutional Statutory right to a Speedy trial had been violated? 5. Did Appellate counsel deprive petitioner meaningful representation when, she omitted trial counsel’s ineffectiveness of failure to protect the right of petitioner, through the court allowing surrogate testimony to the prosecutions DNA identification evidence, of reports and conclusion of a nontestifying analyst work? 6. Did Appellate counsel’s representation fell below an objective standard of reasonableness when, she omitted in her appeal brief, trial counsel’s failure to object to the prosecutions improper inflammatory remarks during summation? i

Docket Entries

2020-11-16
Rehearing DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-15
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2020)
2020-03-06
Application (19A987) granted by Justice Ginsburg extending the time to file until May 25, 2020.
2020-02-28
Application (19A987) to extend the time to file a petition for a writ of certiorari from March 26, 2020 to May 25, 2020, submitted to Justice Ginsburg.

Attorneys

Derrick Thompson
Derrick Thompson — Petitioner