No. 21-5535

Timothy Marcus Mayberry v. Indiana

Lower Court: Indiana
Docketed: 2021-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compulsory-process cronic due-process expert-testimony fifth-amendment fourteenth-amendment sixth-amendment
Latest Conference: 2021-10-29
Question Presented (from Petition)

Is the Indiana state appellate court's opinion that its trial court did not abuse its discretion when, over multiple objections, it permitted surprise expert testimony in mid-trial and did not provide me an opportunity to depose the expert or a meaningful opportunity to review his test or materials beforehand, a violation of the Compulsory Process Clause under the Fifth, Sixth Amendment and/or the Due Process Clause under the Fourteenth Amendments and/or a constructive denial of counsel under Cronic?

Question Presented (AI Summary)

Is the Indiana state appellate court's opinion that its trial court did not abuse its discretion when, over multiple objections, it permitted surprise expert testimony in mid-trial and did not provide me an opportunity to depose the expert or a meaningful opportunity to review his test or materials beforehand, a violation of the Compulsory Process Clause under the Fifth, Sixth Amendment and/or the Due Process Clause under the Fourteenth Amendments and/or a constructive denial of counsel under Cronic?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-09-29
Waiver of right of respondent Indiana to respond filed.
2021-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2021)

Attorneys

Indiana
Stephen Richard Creason — Respondent
Timothy Mayberry
Timothy Marcus Mayberry — Petitioner