No. 22-6801

DeSean Alexander Bruce v. Arizona

Lower Court: Arizona
Docketed: 2023-02-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alibi-evidence due-process eyewitness-identification eyewitness-testimony fair-appeal fair-postconviction-proceedings fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-fairness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-03-31
Question Presented (AI Summary)

Was Petitioner denied due process, a fair trial, a fair appeal, and fair postconviction proceedings

Question Presented (OCR Extract)

QUESTIONS PRESENTED | FIRST: Was Petitioner denied due process, a fair trial, a fair appeal, and fair postconviction proceedings, due to the following circumstances: 1. He was consistently denied effective assistance of trial counsel and appellate counsel. 2. The only direct evidence against him was from eyewitnesses whose testimony was prejudicially affected by police identification procedures which were demonstrably unfair. 3. The suppression hearing regarding the eyewitness testimony was fatally flawed by court rulings which precluded Petitioner from calling the eyewitnesses to testify and precluded Petitioner from presenting evidence of impairment of the witnesses due to substance abuse. 4. The trial proceedings were marred by persistent prosecutorial misconduct. 5. Valid alibi evidence was precluded. 6. The pretrial and trial prosecutors engaged in misconduct of the type which later resulted in the disbarment of the trial prosecutor and homicide reversals of the pretrial prosecutor. 7. The police detectives engaged in deceptive, illegal practices in regard to photo identifications. They frequently misrepresented facts in their testimony. BA post-conviction timeliness rule was fatally ambiguous and indefinite in its setting of preclusive time frames and in failing to require a showing of prejudice SECOND: Should Petitioner’s disproportionate and illegal sentence be reduced?

Docket Entries

2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-13
Waiver of right of respondent Arizona to respond filed.
2022-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2023)
2022-10-05
Application (22A285) granted by Justice Kagan extending the time to file until December 23, 2022.
2022-10-04
Application (22A285) to extend the time to file a petition for a writ of certiorari from October 24, 2022 to December 23, 2022, submitted to Justice Kagan.

Attorneys

Arizona
Diane Leigh HuntArizona Attorney General's Office, Respondent
Diane Leigh HuntArizona Attorney General's Office, Respondent
Desean Alexander Bruce
DeSean A. Bruce — Petitioner
DeSean A. Bruce — Petitioner