No. 21-5544

Thomas Charles Scott v. Stuart Sherman, Warden

Lower Court: Ninth Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Were petitioner's rights under the Fourth and Sixth Amendments violated by trial counsel's failure to challenge a search warrant obtained via intentional or reckless omission of a material fact?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED a : Were petitioner's rights under the Fourth and Sixth Amendments to the United States Constitution violated b¥ trial counsel's failure to . challenge the validity of a search warrant obtainel via the intentional or reckless omission of a material fact, that was known to the affiant at the time, and would have invalidated the statements-of. probable cause made in the affidavit supporting the warrant? ; Is it not the trial court judge's duty under the United States Constitution's Fourteenth Amendment Due Process Clause to require the , prosecution to prove every element of the offense being tried, and to ~ give the jur¥ a required instruction, sua sponte, concerning the meaning of a material element necessary to convict? : ’ Should a convicted indigent person forever have to suffer the adverse penalties caused by his or her state-appointed trial counsel's failure oe during trial, and his or her appellate counsel's failure to raise _ meritorious paramount issues during that person's first appeal as of right; and due to the failures of counsel, should that convicted person be barred from raising the omitted issues via a postconviction relief proceeding? (Such as a petition for writ of habeas corpus.)

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-17
Waiver of right of respondent Stuart Sherman to respond filed.
2021-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Stuart Sherman
Jennifer Mary PoeOffice of the Attorney General, California Departm, Respondent
Jennifer Mary PoeOffice of the Attorney General, California Departm, Respondent
Thomas Charles Scott
Thomas C. Scott — Petitioner
Thomas C. Scott — Petitioner