Edwin Artis Pettaway v. United States
DueProcess JusticiabilityDoctri
Was Mr. Pettaway denied his constitutional right to present a complete defense?
QUESTIONS PRESENTED Petitioner Edwin Pettaway was convicted of violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(B). (Possession with Intent to. Distribute 28. grams or more of a mixture and substance containing a detectable amount of cocaine base on or about the 15th day of November, A 2017) (Count 1); 18. U.S.C. § 924(c)(1)(A) (did knowingly possess a firearm, that is, a SCCY ; 9mm pistol, in furtherance of a drug trafficking crime on or about the is day of November, 2017) (Count 2). These convictions were predicated on evidence seized during the execution ofa search warrant on a residence in Birmingham, AL. The probable cause for the search was in turn predicated on a ‘tip’ by a confidential informant (“CI”). At the time of the execution of the warrant, there were 13 people in the residence but, based on the secret information provided by. the Cl and misidentification of a person coming out of a room in which drugs and a gun were — found, the police chose to. charge Mr. Pettaway. Prior to. and as part of the motion to suppress filed by Mr. Pettaway, counsel requested the name of the CI so. he/she could be cross examined, These requests were denied as were further requests made prior to and during trial. Mr. Pettaway was convicted by the jury and sentenced to 174. months incarceration. He had a Criminal! History. score under the Sentencing Guidelines of “0”. ; 1.) Was Mr. Pettaway denied his. constitutional right to present a complete defense? 2.) | Where multiple additional errors affected petitioner’s conviction and/or sentence in the courts below, should this Court exercise it’s supervisory power to vacate his conviction * and sentence? ; .