No. 22-6472

Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center

Lower Court: Ninth Circuit
Docketed: 2023-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights Not to Testify, is it a Violation of a criminal Defendant's Fifth Amendment Constitutional Rights prohibiting self-incrimination

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights Not to Testify, is it a ' Violation of a criminal: Defendant's Fifth Amendment Constitutional Rights prohibiting self-incrimination for the Trial Court's Ruling to require the criminal Defendant to admit and testify to the Discipline and Restrictions imposed . on the alleged victim and to Testify to the specific behavioral act precipitating the Discipline and Restrictions allegedly imposed in order for the criminal Defendant to _ Present a Defense to the Prosecution's-Case which had already alleged that the Defendant had imposed Discipline and Restrictions during the commission of and to facilitate the commission of the Crimes Charged of Rape of a Child and Incest? 2, Where a Trial Court's Ruling had Compelled the Election of Rights, is it a Violation of a criminal Defendant's Sixth : Amendment Constitutional Rights to Present a Defense where the Trial Court's Ruling had prohibited cross-examination and other witnesses from Testifying as to the specific behavioral acts of the alleged victim unless the criminal defendant had first agreed to surrender his Fifth Amendment Constitutional Rights Not to Testify and Prohibiting SelfIncrimination and where the Prosecution's Case had already presented Testimony alleging that the criminal Defendant had imposed Discipline and Restrictions during the commission of and to facilitate the commission of the Crimes Charged and had never let his daughter go out, have friends over, or shave any type of relationships? 3. Where the Prosecution had presented substantial Testimony alleging that the criminal Defendant had imposed Discipline and Restrictions during the commission of and to facilitate the commission of the Crimes Charged and had never let his daughter go out, have friends over, or have any type of relationships, is it a Violation of a criminal Defendant's Sixth Amendment Constitutional Rights to Confrontation and to Present a Complete Defense where the Trial Court had Ruled to Deny the Defense the indentity of an unknown male witness involved in a sexual relationship with the alleged victim on or about October 3rd, 2010 (during a Charging Period) and to also Rule to Deny the identity of an unknown male witness involved in a sexual relationship with the alleged victim on or about October 3rd, 2011 (during a , separate Charging: Period)? o ‘

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent Jason Bennett, Stafford Creek Corrections Center to respond filed.
2022-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Jason Bennett, Stafford Creek Corrections Center
Peter Benjamin GonickAttorney General of Washington, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent
Vincent P. Melendrez
Vincent P. Melendrez — Petitioner
Vincent P. Melendrez — Petitioner