No. 20-5665

Nathaniel Marcus Gann v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2020-09-11
Status: Denied
Type: IFP
IFP
Tags: confrontation-clause constitutional-law criminal-procedure due-process evidence evidence-admissibility habeas-corpus testimonial-statements
Latest Conference: 2020-11-13
Question Presented (from Petition)

1) IS THE ADMISSION OF IRRELEVANT OR OVERTLY PREJUDICIAL
EVIDENCE A DUE PROCESS VIOLATION?
(AND IS SUCH A VIOLATION SUFFICIENT TO ISSUE A WRIT OF
HABEAS' CORPUS?)

2) IS A MIXTURE OF UNCROSS-EXAMINED TESTIMONIAL STATEMENTS
OFFERED FOR TRUTH AND NON-TESTIMONIAL HEARSAY PROHIBITED
BY THE CONFRONTATION CLAUSE?
(AND IS SUCH A VIOLATION SUFFICIENT TO ISSUE A WRIT OF
HABEAS CORPUS?)

3) DOES A CONVICTION FOR A CRIME THE DEFENDANT WAS NOT
CHARGED WITH NOR ARRAINED FOR CONSTITUTE A DUE PROCESS
VIOLATION?
(AND IS SUCH A VIOLATION SUFFICIENT TO ISSUE A WRIT OF
HABEAS CORPUS?)

Question Presented (AI Summary)

Is the admission of irrelevant or overtly prejudicial evidence a due process violation?

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Nathaniel Gann
Nathaniel Marcus Gann — Petitioner