No. 21-6341

Donald D. Foltz, Jr. v. Wyoming Department of Corrections, et al.

Lower Court: Tenth Circuit
Docketed: 2021-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection fourteenth-amendment implied-bias jury-bias jury-selection prosecutorial-misconduct reasonable-doubt sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Was the seating of juror who should have been dismissed for cause requires reversal because implied biased applies to Juror foreman, 1301, married to the prosecutor's assistant violates petitioners' under the equal protection clause of the Fourteenth Amendment?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Was the seating of juror who should have been dismissed for cause requires reversal because implied biased applies to Juror foreman, 1301, married to the prosecutor’s assistant violates petitioners’ under the equal protection clause of the Fourteenth Amendment? | 2. Was there is insufficient evidence to convict beyond a reasonable doubt standard as required by law, such an error is not subject to harmless-error review because where the error will inevitably signal fundamental unfairness, as has been said of a judge's failure to tell the jury that it may not convict unless it ; finds the defendant's guilt beyond a reasonable doubt? 3. Was there prosecutorial misconduct using theories, speculations, and vouching for the credibility of witness further referring to petitioner’s silence in the closing arguments to build an inference of guilt violating the virtue of the Due Process Clause of the Fourteenth Amendment because such evidence creates the impression that only the petitioner could be guilt? 4. Was there constitutionally deficient performance of counsel affected petitioner’s Sixth and Fourteenth amendment constitutional rights to due process to a fair trial because under the United States Constitution thru Wyoming’s Cont. Art. 1, §§ 6, 10 guarantees equal protection? | | II

Docket Entries

2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-29
Waiver of right of respondent Wyoming Department of Corrections Medium Correctional Institution Warden Eddie Wilson and Wyoming Attorney General to respond filed.
2021-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2021)

Attorneys

Donald D. Foltz
Donald D. Foltz Jr. — Petitioner
Donald D. Foltz Jr. — Petitioner
Wyoming Department of Corrections Medium Correctional Institution Warden Eddie Wilson and Wyoming Attorney General
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent