No. 21-6604

Andre Bowers v. Joseph Noeth, Superintendent, Attica Correctional Facility

Lower Court: Second Circuit
Docketed: 2021-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violations constitutional-rights criminal-justice due-process faulty-investigative-practices first-amendment ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct systemic-racism wrongful-conviction wrongful-convictions
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-02-18
Question Presented (AI Summary)

wrongful-convictions,prosecutorial-misconduct,ineffective-assistance-of-counsel,faulty-investigative-practices,brady-violations,first-amendment,fourteenth-amendment

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. There is a proven systematic pattern of wrongful conviction around the . Nation based on misconduct, and ineffective assistance of counsel, faulty investigative practices; Therefore, Q, whether or not it’s in the : public interest, to implements new procedures, to break this patter, to reduce . the harm caused in the Black community around the nation? 2. Mr. Bowers, called 911 reporting a crime in progress, a timely and specific ; request was made for the recorded statement, people failed to preserve, the recording the ADA and police had direct knowledge of, at trial a request for a sanction base on Brady was denied, the appellant court base their decision on due diligence. Therefore, Question: whether the 911 call was protected conduct under the first, fourteenth amendment, and whether the court decision to apply due . diligence to counsel request, fundamentally questions state statues, Brady and it progeny? oo 3. Will the dignity of U.S. Government permit the convictions of any person, where the prosecutor fails to correct misleading and false testimony or impression under Napue and progeny? , . ; 4. Whether the probable impact of wrongful mischaracterized evidence seized at , the crime scene, affected manifest prejudice of guilt and deprive the accused a fair trial? : 5. Whether or not a person can be held liable of a crime on a transferred intent? , (viii)

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Waiver of right of respondent Joseph Noeth, Supertindent, Attica Corrcectional Facility to respond filed.
2021-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2022)

Attorneys

Andre Bowers
Andre Bowers — Petitioner
Joseph Noeth, Supertindent, Attica Corrcectional Facility
Nacny Fitzpatrick TalcottQueens County District Attorney, Respondent