No. 21-5058

Joseph Andrew Phipps v. Neil McDowell, Warden

Lower Court: Ninth Circuit
Docketed: 2021-07-08
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does Petitioner have a due process right to jury instructions on lesser included offenses?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) Does Petitioner have a due process right to jury instructions on lesser included offenses? 2) Does the Equal Protection Clause of the 14th Amendment require the holdings in Beck v. Alabama, 477 U.S. 625 (1980) to apply to noncapital cases? . 3) Do this Court's holdings in Beck v. Alabama, (supra) apply to noncapital cases? 4) Does the void in protection created by the AEDPA lie to vindicate . the guarantee of due process by the 5th and 14th Ametidments in . this case and cases similarly situated? _ 5) Does the void. im protection created by the AEDPA lie to vindicate the guarantee of equal protection by the 14th Amendment in this -: case and cases similarly situated? 6) Is the admission of irrelevant or overtly prejudicial evidence a violation of the due process clauses of the 5th and 14th Amendments?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Joseph A. Phipps
Joseph A. Phipps — Petitioner
Joseph A. Phipps — Petitioner