No. 21-5904

Joseph Woods v. Donita McIntosh, Superintendent, Clinton Correctional Facility

Lower Court: Second Circuit
Docketed: 2021-10-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process fourth-amendment habeas-corpus ineffective-assistance prosecutorial-misconduct search-and-seizure standing
Key Terms:
DueProcess
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Can a court render a decision without first deciding on a question of law or fact requested by the petitioner?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Can a court of law in the United States, whether State.or Federal Court, render a decision in a court proceeding without first deciding on a question of law and or fact, that the petitioner to that proceeding has asked the court? . Il. Was the inconsistency demonstrated by the detectives later testimony regarding what was know about the drugs petitioner had in his possession at the time of his arrest, a material misrepresentation? . III. Did the new evidence discovered several month after the petitioner's federal habeas corpus was fully completed, substantiate the petitioner's claims that: (1) petitioner's arrest and search violated his Fourth Amendment: right; (2) he was denied the effective assistance of counsel;and (3) the District Attorney committed misconduct by presenting false evidence to the Grand jury? IV. Did the District Attorney and the Attorney General knowingly use of this material . ..e cw each lower court allowing it to go uncorrected when it appeared, constitute a denial of the petitioner's due process? V. Due to the irrepairable harm the petitioner has suffered by these aforementioned acts, and the violation of petitioner's right to due process, does this. case warrant a reversal, or, at the very least, a hearing be held to investigate the merits of all these above claims?

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-10-28
Waiver of right of respondent Donita McIntosh, Superintendent, Clinton to respond filed.
2021-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2021)

Attorneys

Donita McIntosh, Superintendent, Clinton
Margaret A. CiepriszNew York State Office of the Attorney General, Respondent
Joseph Woods
Joseph Woods — Petitioner