No. 20-8005

Philip Steven Matwyuk v. Mark Brnovich, Attorney General of Arizona, et al.

Lower Court: Ninth Circuit
Docketed: 2021-05-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct right-to-counsel right-to-self-representation sixth-amendment
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTIONS PRESENTED a 1, Was Matwyuks Due Process and Equal Protection and Constitutional Rights violated when trial counsel failed to investigate exculpatory evidence. I.E. Matwyuks proof of residency, proof of alleged victims motive to attack Matwyuk, proof that the alleged victims planned a physical attack against Matwyuk, proof that attack by alleged victims was made against ‘Matwyuk and proof that Det. Delong, being a cousin of the alleged victims falsified reports and mishandled and tampered with evidence? 2, Was Matwyuks Constitutional Due Process rights violated when the lead Detective, (Det. Delong), while related to the alleged victims, remained in the capacity of the lead investigator in Matwyuks case? 3. Was Matwyuks denial by the trial court to represent himself a Constitutional Due Process Violation under the 14° Amendment? 4. Was Matwyuks 6" Amendment Due Process right to be represented by effective counsel violated by 1) his first attorney failing to inform him of a plea agreement offered by the state, and 2) His second attorney failing to convey multiple pleas to Matwyuk, instead filing a “Rule 11” against him, which he was ultimatly declared competent to stand trial? 5. Was Matwtuks 6" and 14" Constitutional Ammendmaent rights violated when the state solicited previously precluded testimony of Alicia Dena, and counsel failing to object to it? 6. Was Matwyuks 14"* Amendment Constitutional rights violated by counsels (cumulative) Ineffective Assistance of Counsel errors?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-02
Waiver of right of respondent Mark Brnovich, Attorney General of Arizona, et al. to respond filed.
2021-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 11, 2021)

Attorneys

Mark Brnovich, Attorney General of Arizona, et al.
Tanja KellyArizona Attorney General's Office, Respondent
Philip Matwyuk
Philip Steven Matwyuk — Petitioner