No. 22-7189

Amos Gabriel Hicks v. Donnie Ames, Superintendent, Mount Olive Correctional Complex

Lower Court: Fourth Circuit
Docketed: 2023-04-04
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: constitutional-rights court-reporter court-transcripts due-process first-amendment ineffective-counsel right-to-records transcript-destruction
Key Terms:
DueProcess
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Was the petitioner's constitutional right to due process and first amendment right violated?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . (1) Was the Petitioner’s Constitutional Right of Due Process and First Amendment Right to all Records violated when the Courts destroyed Petitioner’s transcripts and thereby ‘ refused to furnish the Petitioner with his transcripts to file a proper and fully developed Direct Appeal? (2) Was the Petitioner’s Constitutional Right of Effective Counsel and Due Process violated when trial counsel was ineffective by not requesting the complete case file in order to research any Court errs including but not limited to Jury Instructions; Court decisions; Voir Dire; and any other pertinent rulings within the trial proceedings? (3) Was the Petitioner’s Constitutional Right of Due Process violated when the Official Court Reporter took Petitioner’s case file to her home and did not transcribe and file with the Circuit Court the complete case file when she had the file, which was subsequently destroyed?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-28
Reply of petitioner Amos Gabriel Hicks filed. (Distributed)
2023-06-14
Brief of respondent Donald Ames, Superintendent, Mount Olive Correctional Complex in opposition filed.
2023-04-26
Motion to extend the time to file a response is granted and the time is extended to and including June 14, 2023.
2023-04-25
Motion to extend the time to file a response from May 24, 2023 to June 14, 2023, submitted to The Clerk.
2023-04-24
Response Requested. (Due May 24, 2023)
2023-04-20
DISTRIBUTED for Conference of 5/11/2023.
2023-04-18
Waiver of right of respondent Donald Ames to respond filed.
2022-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2023)

Attorneys

Amos Gabriel Hicks
Amos G. Hicks — Petitioner
Donald Ames
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent