No. 22-6174

Porfirio Duarte-Herrera v. Brian Williams, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2022-11-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure
Key Terms:
DueProcess
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Did the Ninth Circuit err in denying Mr. Duarte-Herrera's claims of constitutional violations regarding his defense, jury instructions, and failure to suppress statements?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Ninth Circuit err when Mr. Duarte-Herrera made a substantial showing of the denial of a constitutional right as to the inability to present a defense as to co-defendant bomb-making abilities, and failure to sever his trial from his co-defendant? 2. Did the Ninth Circuit err when Mr. Duarte-Herrera made a substantial showing of the denial of a constitutional right as to improper jury instructions in both trials? 3. Did the Ninth Circuit err when Mr. Duarte-Herrera made a substantial showing of the denial of a constitutional right as to the failure by trial counsel to move to suppress his statements? i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2022-12-22
Waiver of right of respondent Brian Williams, et al. to respond filed.
2022-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2022)

Attorneys

Brian Williams, et al.
Jaimie StilzOffice of the Nevada Attorney General, Respondent
Jaimie StilzOffice of the Nevada Attorney General, Respondent
Porfirio Duarte-Herrera
Angela Helen DowsCory Reade Dows & Shafer, Petitioner
Angela Helen DowsCory Reade Dows & Shafer, Petitioner