No. 19-8806

David Lawrence Dixon v. Donnie Ames, Superintendent, Mount Olive Correctional Complex

Lower Court: West Virginia
Docketed: 2020-06-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: biological-evidence destruction-of-evidence due-process exculpatory-evidence fourteenth-amendment re-testing state-destruction trial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-01-22 (distributed 2 times)
Question Presented (AI Summary)

Was Appellant denied his Fourteenth Amendment right to due process when the biological evidence used in his trial was destroyed before Appellant could have it re-tested?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Question #1: | Was Appellant denied his Fourteenth Amendment right to due process when the biological evidence used in his trial was destroyed before Appellant could have it re-tested? Question #2: | Was Appellant denied his Fourteenth Amendment right to due process when the State refused to allow Appellant the right to have the biological evidence re-tested under a “state-created” right, when said biological evidence identified another individual as the suspect, creating a conflict with the identity of the perpetrator? Question #3: Was Appellant denied his Fourteenth Amendment rights to due process and equal protection of law under Brady and Agurs by the State, when, the exculpatory value of the evidence as known by the State prior to arrest, identified Appellant as a Caucasian male, when Appellant is a male, and said biological evidence was destroyed before it could have been retested? *

Docket Entries

2021-01-25
Rehearing DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-10-26
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-13
Waiver of right of respondent Donnie Ames to respond filed.
2020-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2020)

Attorneys

David Lawrence Dixon
David Lawrence Dixon — Petitioner
David Lawrence Dixon — Petitioner
Donnie Ames
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent