No. 22-6136

Juan Martin Figueroa v. W. L. Montgomery, Warden

Lower Court: Ninth Circuit
Docketed: 2022-11-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: brady-violation compulsory-process due-process ethical-standards fair-trial habeas-corpus prosecutorial-misconduct witness-testimony
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

whether-the-prosecutor-deprived-figueroa-of-due-process-compulsory-process-and-a-fair-trial

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Prosecutor Deprived Figueroa of Due Process, Compulsory Process, and a Fair Trial by Intentionally Misleading Defense Counsel? 1 TOPICAL INDEX Page CONSTITUTIONAL PROVISIONS AND REGULATIONS A. State Court Trial Proceedings .2 B. Direct Appeal . 0.0.0. c eee C. Federal Habeas Proceedings .3 STATEMENT OF THE FACTS ELICITED FROM THE CALIFORNIA COURT OF APPEAL OPINION .4 REASON TO GRANT CERTIORARI .7 I. THE PROSECUTOR DEPRIVED FIGUEROA OF DUE PROCESS, COMPULSORY PROCESS, AND A FAIR TRIAL BY INTENTIONALLY MISLEADING A. The Prosecutor Represented that the State Would Present Witness Ibarra .6 B. Judge Perry Denied Figueroa’s Motion for New Trial 2.0... eee 8 C. Relevant Federal Law and Analysis .10 il D. The Law Holds Prosecutor to High Ethical Standards . 0.000 cece eee eee eee LL E. The CCA Unreasonably Overlooked That the Prosecutor’s and Judge Perry’s Omissions Deprived Figueroa of Due Process, a Fair Trial and the Court’s Compulsory Process .12

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-28
Waiver of right of respondent W. L. Montgomery to respond filed.
2022-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2022)

Attorneys

Juan Figueroa
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner
W. L. Montgomery
Stephanie BrenanCalifornia Department of Justice - Office of the A, Respondent
Stephanie BrenanCalifornia Department of Justice - Office of the A, Respondent