No. 21-5488

John Patrick Blackmon v. Jeffrey A. Uttecht, Warden

Lower Court: Ninth Circuit
Docketed: 2021-08-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver
Key Terms:
HabeasCorpus
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Did events in the second trial establish additional process due the Defendant in any subsequent trial?

Question Presented (OCR Extract)

No question identified. : 1. Did events in the second trial establish additional process due the Defendant in any subsequent trial? 2. Was the trial judge's noting the Defendant's "visible'' demeanor sufficient to assume the Defendant was waiving his right to testify? 3. Did the events in earlier trials constitute the "exceptional, narrowly defined circumstances" noted in United States v. Pennycooke for an on the record inquiry of the Defendant"s decision not to testify to be required? 4. Did the fact that the Defendant testified in the first trial, but not in the second trial, require the judge to directly address the issue of the Defendant giving testimony in the third trial under Ortega v. O'Leary? iii.

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-20
Waiver of right of respondent Jeffrey A. Uttecht to respond filed.
2021-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2021)

Attorneys

Jeffrey A. Uttecht
Peter Benjamin GonickAttorney General of Washington, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent
John Patrick Blackmon
John Patrick Blackmon — Petitioner
John Patrick Blackmon — Petitioner