No. 21-7020

Charles David Gordon v. Joe A. Lizarraga, Warden

Lower Court: Ninth Circuit
Docketed: 2022-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-disclosure criminal-procedure due-process evidence-admissibility mental-health segregation self-incrimination voluntariness voluntary-statements
Latest Conference: 2022-02-25
Question Presented (from Petition)

I. Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based on mental health problems and known to be suffering from suicidal ideations, insomnia, alcohol abuse, anxiety, and depression.

II. Whether a complaining witness's statements to law enforcement are material in a sex crimes case within the meaning of Brady v. Maryland, 373 U.S. 83 (1963) and for the purposes of evaluating prejudice under Strickland v. Washington, 466 U.S. 668 (1984) when the statements contradict the witness's trial testimony.

Question Presented (AI Summary)

Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based on mental health problems and known to be suffering from suicidal ideations, insomnia, alcohol abuse, anxiety, and depression

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-07
Waiver of right of respondent Joe A. Lizarraga, Warden to respond filed.
2021-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2022)

Attorneys

Charles Gordon
James S. ThomsonJames Thomson, Attorney and Counselor at Law, Petitioner
Joe A. Lizarraga, Warden
Michele Joette SwansonState of California Office of the Attorney General, Respondent