No. 20-8265

John Licausi v. New York

Lower Court: New York
Docketed: 2021-06-09
Status: Denied
Type: IFP
IFP
Tags: altered-evidence bias-conflict-of-interest civil-verdict collateral-proceeding due-process judicial-bias newly-discovered-evidence right-to-present-defense sixth-amendment third-party-culpability
Key Terms:
DueProcess Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a hearing in a collateral proceeding was required to determine trial Judge's neutrality

Question Presented (OCR Extract)

QUESTIONS PRESENTED — I. Whether a hearing in a collateral proceeding was required to determine trial Judge’s “neutrality” when newly discovered evidence was presented on a motion as to Trial Judge’s bias and conflict of interest based on a personal conflict with . Petitioner forty years prior and in presiding over a prior coerced plea in 2001? I]. Whether a subsequent civil verdict that establishes the third party culpability of a police officer in a pursuit of Petitioner that lead to the death of a motorist based on altered evidence that was relied upon in the prior criminal trial of Petitioner undermines the previous criminal conviction under the due process clause of the Fourteenth amendment and the right to present a complete defense under the Sixth ‘ amendment of the United States Constitution, such that a. thé lower state court erred when it denied a hearing in a collateral proceeding based on its erroneous holding that the altered evidence was not newly discovered, especially when that new evidence is viewed in ; conjunction with other evidence that had been destroyed prior to trial and suppressed at trail; and/or b. the civil findings impeach the prior criminal conviction per se because the parties and factual issues are exactly the same. vi :

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2021)

Attorneys

John Licausi
John Licausi — Petitioner
John Licausi — Petitioner