No. 21-6493

Jarrett Alvin Kinley v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2021-12-02
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process false-evidence false-testimony napue-v-illinois napue-violation polygraph polygraph-testimony prosecutorial-misconduct witness-credibility
Key Terms:
DueProcess
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Did the Pennsylvania Superior Court's holding conflict with Napue v. Illinois, 360 U.S. 264 (1959)

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner was subject to a pretrial polygraph by his bondsman for “risk assessment” purposes as a condition of his bond. The polygraph examiner testified before trial that he worked for the bondsman and was paid by him. The polygraph examiner’s trial testimony changed to assert that it was Petitioner who “hired” him when he was questioned about whether he told Petitioner to tell him “something happened” before he leaves. Where the Pennsylvania Superior Court held that if “there was any mistake in the examiner’s testimony as to who paid for his services . . . it was incumbent upon the defense to correct the ‘false narrative,” did that holding conflict with this Court’s decision in Napue v. Illinois, 360 U.S. 264 (1959)?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2021-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Jarrett Kinley
Ryan Harrison JamesJames Law, LLC, Petitioner
Ryan Harrison JamesJames Law, LLC, Petitioner