No. 22-7103

George Lincoln Stanley, IV v. United States

Lower Court: Fourth Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence
Latest Conference: 2023-04-21
Question Presented (AI Summary)

Whether Mr. Stanley's Sixth Amendment right to confront his witness was violated

Question Presented (from Petition)

QUESTION(S) PRESENTED The following questions are exceptional circumstances that warrants the exercise of the court's and adequate relief cannot be obtained in anyform or from any . other court: (1) Whether Mr. Stanley's Sixth Amendment right to confront . his witness was violated because the government witness officer Mendez was allowed to testify whatrthe kidnapped victim told him about heneous conduct about the crime, which conduct was the consequence of Mr. Stanley receiving'id life sentence. And was counsel ineffective for failing to use clear rebuttal evidence. Yes See Crawford v. washington. (2)Was appeal and trial counsel ineffective for failing to raise that the evidence was insufficient on two elements of the kidnapping : counts: (a) The victim did not travel across state lines the entire conduct happenédiin North Carolina; (b) Mr. Stanley did not know the purpose of the conspiracy was to kidnap Mr. Sidbury, In particularly since everyoneswas running out the house to evade authorities. Yes. . (3) Did the 2255 appeals court lack jurisdiction under 28 U.S.C 1291 because the merits of all the claims was not addressed by the distriet court And Should the Appeals court had dismissed the appeal and remand in light of Porter v. Zook 803 F. 3d 696° (4th Cir. 2015) Yes. , This case should be remanded to the appeals court to complyn with theestated law .

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-29
Waiver of right of respondent United States to respond filed.
2023-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

George Lincoln Stanley
George Lincoln Stanley IV — Petitioner
George Lincoln Stanley IV — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent