No. 19-8886

Jon Edward Erickson v. Thomas E. Collins, Judge, Superior Court of Arizona, Cochise County, et al.

Lower Court: Arizona
Docketed: 2020-07-01
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 5th-amendment 6th-amendment appeal appellate-review constitutional-rights criminal-procedure double-jeopardy due-process trial-record trial-records
Key Terms:
Securities Immigration
Latest Conference: 2021-01-15 (distributed 2 times)
Question Presented (AI Summary)

Did the trial court err in violating the Petitioner's 5th and 6th Amendment rights, by failing to provide/produce the records and transcripts of the first trial, which were needed for a direct appeal?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Question ONE _ DID THE TRIAL COURT ERROR IN VIOLATING THE Petitioner's 52 any HO AMENDMENT RIGHTS . JO APPEAL THE PeTIrionER'S FIRST CONWICTION , BY FAILING TO PROVIDE /PRopuce THE RECORDS AND TRANSCRIPTS OF THE FIRST TREAL, WHICH WERE NEEDED For A Diacet ApPEA i? QuesnenN Twa . Dio me Aprcuate Court wocate THE Stamp 147 AMENDMENTS IN DENYING THE "Moron To Dismiss: (tHe INDICTMENT) AND THE 'MoTIoN For A New Teiat' ants THE Peririon Fon, Orper to Suow Cause on Jury 31%, 2003? . oo Question THaee Dib THE TRIAL COURT INTHE SECOND TRIAL WoLAtE THE PeTirioner's 5%, BE anp (42! amenbnent RIGHTS UNDER THE LLS, CONSTITUTION TRYING THE PETITIONER TWICE ON THE SAME INDICTMENT PUTTING | “THE Perini ante ‘TWICE IN JEOPARDY’ (DOUBLE UcOPARDY) ON THE SAME CHARGE ? Quesiion Four Did THE TRIAL COURT ERROR IN FAILING TO SUPPRESS, DUE TO THE CocHIseCouNTY SUmre's DETECTHES WIOLATING THEPETITIONR'S 5 ELAMENDMENT RIGHTS (us, Consaren on) BY Not PROPERLY , ReAbrnd, THE Rermioner's MIRANDA (Miganpa Warning) INTEROGATION RIGUIs, BOTH AT THE HOSPITAL AND AT THE COUWITY JAIL 2 Question(s) PRESENTED , CONTINUED Clues ion Five _ Dap mr Cocutse County Snerirr's Department viocate THe Penrionee's AH AMENDMENT ___ (WS, CONSTITUTION RIGHTS, WITH THE "FogteD ENTRY" oF THE Rentioner's RESIDENCE ?Was THE ___ “scene OF THE CRIME” CONTAMINATED WHEN THE Bob WAS MOVED AROUND BERDRE THE PROPER INVES __TIGATORY AUTHOR INES ARIVIED. Dib THE TRIAL COURT ERROR WHEN IT DENIED THE PentioNeR's “Morton To Sumess ror Iuegan Ene oe . Clues tion Six . Din THE TRIAL COURT WiOLATe THE PeTirioncR's 57 anp 1421 amenpment (U.S, cons tirurioN ) RUATS WHEN IT Dewied TH PETITIONER'S "Morion 70 Distiss THE INDICTMENT” ex THE MOTIONTO IN ALTER NATIVE REMIND BACK FOR RE-DETERMINIATION OF PRoGABLE cause "2 Question Seven Was tue Perittonen's SHAmen pment (U3, CONSTITUTION) RIGHT THE RIGHT 10 4 COMPLETE DSFENSE, WOLATED WHEN THE State or ApiZoNA ate wed [oeDERED THAT THE BODY GE CREMSTED _ BEFORE THE DEFENSE Hap AN OPpoRTUNITY To HAVE It's EXPERTS EXAMINE THE Body (EW (DEW cE) AND _ ___INVESTIGBTE THEStaTE CEARIZONA'S POSITION? ve ES TION EGU ___Dib_THE JURY INSTRUCTIONS PROVIDED BY JHE STATE AND DEFINING "PRE-MEDITATION” AS THE ___ PROSICUTION DESIRED, IN ORDER To JUSTIEY JT's DEFINITION OF "FIRST DEGREE MURDER" IMPROPERLY ___ PROVIDE A LESSOVING, OF THE BURDEN OF PROOF CONSERNING THE STATE'S ASIERTATION OF 'PRE-MEDITATION 2 _ THe PREDJUDICE HAS BEEN SHOWN AS THE EVIDENCE Did MOT SUPPORT AFIRST-DEGREE MURDER CHARCE _ ONLY. AND BY NOT INSTRUCTING THE JURY TO THE LESSER INVOLVED CHARGES, Tus Stare WAS DENYING ___TMe Pet ONER THE RIGHT TO HAVE A PROPERLY INSTRUCTED JURY, VIGLATIONS OF THE ST! GT AND AE Antenpments To THE (inured States CONSTITUTION, , CONTINUED _ Qu) Nim ___Dib THE TRIAL Court INTHE SEC ond TRIAL VIOLATE THe Petitioner's B™ and IY AMENDMENT (U.S. CONSTITUTION) RIGHTS, BY NOT HAVING 4 JURY SENTENCE THE PeTITIONER? Din Judge Hogg ATT ———__ __ ABUSE HIS DISCRETION BY SENTENCING THE PEnTIONER, KNOWING HE HAD RULED INTHE PREVIOUS CASE [TRIAL THAT WAS OVERTURNED ? Did Judo HOGG ATT ERROR BYNOT RECUSING HIMSELF FROM THE SECOND TRIALZ : Question Ten Did THE TRIAL COURT ERROR IN THE DECISION AND ORDER DATED Nee, ZOM 2018, THE TRIAL COURT STATED _IN PERTINENT PART: Tu HIS RESPONSE TD THE Per imowen's" Beni rion a2 Past GNvicTION ReLige THE DEBENDANT (PETITIONER) RAISES ANOTHER ISSUE, Doss THE ZOOZ TESTIMONY OF _ DR TREPETA QUALIFY AS "NEWLY DISCOVERED EVIDENCE" WHICH RELATES TO ALL FUNDAMENTAL, _STRUCTUAL AND PLAIN ERRORS AS WELL AS VICLATIONS OF tHE YR STL GLY BOLAND I AneniDMENTS OF THe L$. Constirurton AND State oF ARIZONA CONSTITUTION, ARTICLES & ant, WHICH ——_ResurTs INA Bespy worarioNS

Docket Entries

2021-01-19
Rehearing DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-10-23
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2020)

Attorneys

Jon Edward Erickson
Jon Edward Erickson — Petitioner