No. 22-6528

Charles Jordan v. Trina Davidson Brooks, Sixteenth District Judicial Assistant District Attorney, et al.

Lower Court: Fifth Circuit
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-error due-process habeas habeas-corpus misconduct post-trial-plea procedural-default state-misconduct trial-procedure
Key Terms:
DueProcess
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Should the State be allowed to assert procedural default rules to preclude federal habeas review where their efforts of misconduct and IAC caused constitutional errors to be ignored at trial?

Question Presented (OCR Extract)

QUESTION(s) PRESENTED 1.) Should the State ioe allowed to assert procedural defoulk cules 45 preclude federal nabeas remiew where their efforts of misconduct and TAC caused consituhonal errors 4o bbe ignored at trial ? 2.) Does the accused not have a right 4o Subsequently attack conshtuhonal errors hat occured dung nis jury tral tak occured pror to the post+vnial\ plea? 3.) Should not a defendant whe has gone Through a Full jury 4mial eypect to obtain Brady matenal Cracluding False yeshmony ) for use in a post-trial decision to plea? 4.) Does constitutional enors of the State in a ‘yury Anal otfect the consensual nature of a Subsequent plea, tnereloy \npaiving WS valid try? 6) How can a constitehonal vi ght +hot has been Fully excerc sed, such as Speedy Trial, loe waved by a post-trial plea? lw.) Does the prachce of circumventing MCA GA-\I-\ conform Ao +he . fundamental prnciple of just ce? 1.) Ts counsel being inert conceming perjury Known to him, a due process Viclation of \Uth Amend. , against e)rent?s request and iwrerest considered an actual conflict of interests and prejudice 2 %,) Can Ahe impact of a conflict be medsured in a post-mal plea?

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-02-03
Waiver of right of respondent Trina Brooks, et al. to respond filed.
2022-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

Charles Jordan
Charles Jordan — Petitioner
Charles Jordan — Petitioner
Trina Brooks, et al.
Jerrolyn Martin OwensMississippi Attorney General's, Respondent
Jerrolyn Martin OwensMississippi Attorney General's, Respondent