No. 21-6500

Jermaine Neal v. Mississippi

Lower Court: Mississippi
Docketed: 2021-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence constructive-amendment criminal-investigation due-process false-confession fifth-amendment fourteenth-amendment perjury self-incrimination sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2022-01-07
Question Presented (AI Summary)

When a citizen of the United States becomes a suspect in a criminal investigation for homicide and is induced to give false statements, does the due-process-clause of the fourteenth-amendment guarantee an opportunity to prove actual-innocence

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. WHEN A CKTXZEN OF THE UNZTED STATES BECOMES A SUSPECT IN A CRIMINAL INVESTIGATION FOR HOMICIDE, ANOFIRST, ASA RESULT OF BADGERING ANDO PESTERING FROM INVESTIGATORS — ALTHOUGH HE IS "ACTUALLY INNOCENT” — ANO SECOND, AS A RESULT OF FEAR CAUSED BY THREAT, AND INTIMIDATION— FROMTHE ACTUAL PERPETRATORS WHO COMMITTED THE HOMICIDE — IS INOUCEO TO GIVE FALSE STATEMENT(S) TO SNVESTIGATORS THAT HE DLO COMMIT THE CRIMINAL ACT LS THES CONTESSION TANTAMOUNT To "PERTURY" AND ANO WHERE NEWLY OTSCOVERED EVEDENCE” BECOMES AVALLABLE THAT WOULD BEYOND A REASONABLE DouBT EXONERATE THE CONVIGTEO DOES THE "DUE PROCESS CLAUSE" OF THE "FOURTEENTH AMENDMENT" DEMAND AND GUARANTEE AN OPPORTUNITY TO PROVE ONE’S "ACTUAL INNOCENCE" AND "FACTUAL INNOCENCE"? &. WHETHER THE PRINCIPLE ANO RATIONALE OF THE COURT’S DECISION XIN BULLCOMING v. NEW MEXECO XS APPLICABLE OR EXTENDS TOA STATE CASE WHERE THE STATE’S "FORENSIC PATHOLOGIST” WHO PERFORMED THE AUTOPSY — ON THE DECAPITATED CORPSE OF THE DECEASED — IS SUBPOEANED BUT HIS PRESENCE NOT SECURED, ZINSUREDO, OR ENSURED BY THE STATE FOR TRIAL IN THE STATE’S "CASE-IN-CHIES" To ALLOW THE ACCUSED To CONFRONT ANDO To ESSECTIVELY "CROSS-EXAMINE” THE PATHOLOGIST ? 5 ANO ; 3. WHETHER THE "GRAND SURY CLAUSE" OF THE "FSTETH AMENDMENT" MADE APPLICABLE TO THE STATE’S VIATHE "FOURTEENTH AMENDMENT” ANO THE "SZXTH AMENOMENT" RIGHT To BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION ARE BOTH VIOLATED WHEN ASELONY CRIMINAL INDICTMENT OMETS THE "ESSENTZAL ELEMENT" ANO "ESSENTIAL FACT" FROM THE ZNOICTMENTS AND DOES THE AMENDMENT To THE INOLCTMENT VIA THE STATE’S PROPOSED SURY INSTRUCTION “To CURE THE DEFECT CONSTITUTE A" CONSTRUCTIVE AMENDMENT! AN'AMENDMENT OF SUBSTANCE” REQUERES AUTOMATIC REVERSAL WITH " DOUBLE JEOPARDY" ATTACHING ? 7 i

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-06
Waiver of right of respondent Mississippi to respond filed.
2021-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Jermaine Neal
Jermaine Neal — Petitioner
Jermaine Neal — Petitioner
Mississippi
Ashley Lauren SulserOffice of the Mississippi Attorney General, Respondent
Ashley Lauren SulserOffice of the Mississippi Attorney General, Respondent