No. 20-79

Cedric L. Daniels v. Dave Davey, Warden

Lower Court: Ninth Circuit
Docketed: 2020-07-27
Status: Denied
Type: Paid
Response Waived
Tags: confrontation-clause due-process evidence-admission fourteenth-amendment hearsay impeachment-evidence jury-instructions sixth-amendment three-strikes-law
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Denial of Sixth Amendment right to confront witnesses and Fourteenth Amendment due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Could a jurist of reason find that petitioner was denied his Sixth Amendment right to confront and cross-examine witnesses and Fourteenth Amendment right to due process when the trial court: a. refused to admit impeachment evidence against the prosecution’s key witnesses? b. admitted hearsay statements without any recognized exception? Could a jurist of reason find that petitioner was denied his Fourteenth Amendment right to due process when the trial court: : . a. allowed the prosecution to impeach his expert witness, Scott Fraser, with highly prejudicial and irrelevant evidence, ’ b. failed to properly instruct the jury on the use of co-conspirator statements c. instructed the jury that Mixon and Walker were accomplices as a matter of law. d. instructing the jury that it could consider how certain a witness claimed to be of his or her identification in evaluating the witnesses’ identification of petitioner. e. finding that petitioner’s juvenile adjudications constituted strikes for the purpose of California’s Three Strikes Law, and/or f. denying petitioner’s motion to strike his prior convictions and sentenced him pursuant to California’s Three Strikes law? ; Could ajurist of reason find that petitioner was denied his Fourteenth Amendment right to due process when there was no substantial evidence to support the jury’s finding on the great bodily injury enhancement? LIST OF ALL PARTIES Petitioner CEDRIC L. DANIELS. Respondents DAVE DAVEY, Warden, and PEOPLE OF THE STATE OF CALIFORNIA.

Docket Entries

2020-10-05
Petition DENIED.
2020-08-05
DISTRIBUTED for Conference of 9/29/2020.
2020-07-28
Waiver of right of respondent Matthew Atchley, Acting Warden to respond filed.
2020-07-13
Petition for a writ of certiorari filed. (Response due August 26, 2020)

Attorneys

Cedric L. Daniels
Paul Gilruth McCarthyLaw Offices of Beles & Beles, Petitioner
Paul Gilruth McCarthyLaw Offices of Beles & Beles, Petitioner
Matthew Atchley, Acting Warden
David Andrew Eldridge — Respondent
David Andrew Eldridge — Respondent