No. 22-5048

George A. Pilola v. Craig Koenig, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2022-07-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland brady-violation due-process exculpation fingerprint fingerprint-evidence napue-v-illinois napue-violation ninth-circuit ninth-circuit-review prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Should CERTIORARI be granted to review the failure of the prosecution to turn over fingerprint evidence and the untruthfulness of the detective and prosecutor

Question Presented (OCR Extract)

QUESTION PRESENTED Should CERTIORARI be granted to review the following issues: 1) The failure of the prosecution to turn over the fingerprint showing no MAKE to Pilola was a violation of Brady v. Maryland; ‘2) The untruthfulness of both the detective and the prosecutor about the recovery of the fingerprint was a violation of Due Process and Napue v. Illinois; 3) This petition additionally should be granted on the basis that the Ninth Circuit panel deciding this case refused to stay the appeal long enough to have the beer bottle examined and the expert retained by the defense, explain the meaning of NO MAKE referring to a print on the bottle. The petition was denied but with NO PREJUDICE to the filing of a motion in the Ninth Circuit to have that examination done by the defense expert. Then, when the motion was made by counsel for such an examination, it was denied by the Ninth Circuit panel. That was unreasonable. It deprived petitioner a chance of exculpation.

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondent Craig Koenig to respond filed.
2022-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2022)

Attorneys

Craig Koenig
Blythe J. LeszkayCalifornia Attorney General's Office, Respondent
George Pilola
Charles R Khoury Jr. — Petitioner