No. 20-5010

Danny Lee Warner, Jr. v. Montana

Lower Court: Montana
Docketed: 2020-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Petitioner filed a timely Motion for that prosecutors listened to privileged phone call's before trial .trial after discovering new and during The trial court summarily denied his Motion based solely unsworn assertions in a response brief. Is the purposeful intrusion into the attorney-client privilege per se prejudicial requiring trial or is an evidentiary hearing mandated once prima facie evidence is introduced that prosecutors knowingly searched for and seized privileged phone calls?upon a new

2. Petitioners identification was unreliable pursuant to Biggers and Perry , however, there is now a plethora of research and empirical data suggesting change in how reliability of eyewitness identifications are determined; given this are show-up identification procedures unnecessarily suggestive, is reliability susceptible to the system and estimator variables many states have adopted, and does the allowanceper se of unreliable identification evidence undercut the fundamental fairness of a trial to a degree that demands dismissal?

3. Where the only evidence used to convict Petitioner was eyewitness identification does the refusal to proffer an eyewitness-specific jury instruction deny the Sixth and Fourteenth Amendment protections, particularly where the standard witness credibility instruction does not fully or fairly charge the jury as to fallibility or the possibility of honest but mistaken identification?

4. Did these questions, along with the denial of compulsory process , plenary power to direct ones own defense, and Equal Protection, refusing to send exhibit to jury or conduct evidentiary hearings, summary denial of Motion to dismiss and Motion for new trial, and accepting unsworn assertions as evidence combine to violate Due Process, requiring remand?

Question Presented (AI Summary)

Is purposeful intrusion into attorney-client privilege per se prejudicial?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent Montana to respond filed.
2020-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2020)

Attorneys

Danny Lee Warner, Jr.
Danny Lee Warner Jr. — Petitioner
Montana
Matthew Thompson CochenourState of Montana - Department of Justice Attorney General's Office, Respondent