No. 21-5450

Richard K. Cook v. Todd Wasmer, Warden, et al.

Lower Court: Eighth Circuit
Docketed: 2021-08-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: accomplice-instruction amendment-violation constitutional-rights dna-evidence due-process evidence-planting ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct structural-error
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (AI Summary)

Did the lower courts commit reversible error by refusing to order an evidentiary hearing surrounding a pattern of misconduct and evidence planting by its' Crime Scene Investigation Supervisor, whom was convicted of planting evidence in another murder case(s)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question #4: Did the courts below commit reversible error as it was plainly evident that it was prosecutorial or Jaw == Cook's 5th, ‘Sth and 14th Amendment rights to due process, equal protection and effective counsel when prosecutors commented multiple times about Cook's right to remain silent, consult an attorney at the time of his arrest, aid in the preparation of his defense and testify on his own behalf, andcincluded the cy husband of a prosecutor, who was a private lawyer, filing a lawsuit against the defendant the night before he testified, in order to monetize the prosecution for the corrupt couple? one of a myriad of examples of prosecutor misconduct? Question #5: Did the courts below commit reversible error by ignoring Cook's denial of the rights held in the Due Process Clause or was it the constructive denial of counsel or ineffecitveness on all levels per the 5th, 6th and 14th Amendments for a trial court to NOT INSTRUCT or be asked by conflicted defense counsel to give an ACCOMPLICE INSTRUCTION, as this was the ONLY DEFENSE offered by Cook to the murder charge, so therefore, the jury WAS NOT INSTRUCTED ON ANY DEFENSE OFFERED BY COOK? Question #6: Was it contructive denial of counsel, ineffectiveness, or is it a structural error, plain error,and/or an abuse of judicial discretion for a trial court to have allowed Cook to proceed with an attorney whom had serious conflicts of interest, preventing him from advocating for his client, and cause a series of highly prejudicial and verdict changing decisions in the trial (i.e. showing jury shock restraint system) in violation of Cook's 5th, 6th and 14th Amendment rights? Question #7: Is it a viola

Docket Entries

2021-12-06
Rehearing DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-10-27
Petition for Rehearing filed.
2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-10
Waiver of right of respondent Wasmer, Warden, et al. to respond filed.
2021-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2021)

Attorneys

Richard K. Cook
Richard K. Cook — Petitioner
Wasmer, Warden, et al.
James A. CampbellNebraska Attorney General's Office, Respondent